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Webcasting and the DMCA

nknouf writes: "A recent article on Salon talks about how college radio stations that webcast could face fee increases from $623/year to $10,000 to $20,000 per year. What's more interesting is information that Congress is considering a bill called the Music On-Line Competition Act, co-sponsored by Rep. Chris Cannon, R-Utah and Rep. Rick Boucher, D-Va. The bill aims to "break the hammerlock the recording industry has over music distribution." My favorite quote, from Rep. Cannon: Napster is "one of the coolest inventions of modern times.""

184 comments

  1. Damn Cool! by reezle · · Score: 1

    Finally, they picked on a user-base large enough to pick back...

    I sincerly hope this signals the beginning of the end...

  2. HR 2724 link by Oily+Tuna · · Score: 4, Informative

    More permanent link to the Music Online Competition Act

    HR 2724.

    --
    Mmmmmmm ... sushi.
  3. break the stranglehold of big music... by Anonymous Coward · · Score: 0

    any way you can! Even though it is a Republicanus supporting the bill.

    1. Re:break the stranglehold of big music... by Anonymous Coward · · Score: 0

      don't worry, whatever happens some democrap will take credit for it.

  4. Links to the bill by SuuSt · · Score: 5, Insightful

    Since the link to the bill is dead, here are some links to pdf copies of it:

    Digimedia.org pdf

    house.gov pdf

    A summary of the bill here at house.gov

    And the google cached version here

    There if you can Slashdot all of those, we deserve a collective cookie.

  5. The link is already broken. by Enigma2175 · · Score: 3, Informative

    Too bad the link to the bill is already broken, I would have liked to have read it.

    OK I did a search and found a PDF copy of the bill HERE. Also found a site to organize support for the bill, it has a form to send your representative an email. Since Cannon is mine, I guess I'm already OK on that one. However, I have been pretty unhappy on his stance on several issues in the past, hopefully he won't drop the ball on this one under the intense politial pressure of the RIAA.

    --

    Enigma

  6. Great work guys by Stary · · Score: 1, Redundant

    Great... one dead link, the other one links to page 2 of the article. Have you /. editors ever considered checking your links before posting a story?

    --
    Tomorrow will be cancelled due to lack of interest
    1. Re:Great work guys by Anonymous Coward · · Score: 0

      To do so would violate the Slashdot honour code...so I'm sure they didn't.

    2. Re:Great work guys by Danielle+Gatton · · Score: 0

      There's a mirror of the proposed bill here.

    3. Re:Great work guys by Anonymous Coward · · Score: 0

      Slashdot's honour code is that you should always give your partner the courtesy of a reacharound while you're pounding away on his ass.

  7. But it's only fair. by b.foster · · Score: 3, Insightful
    I hate the RIAA and their supporters just as much as the next guy, but this policy is really only common sense. The fees are outrageous, but contrary to popular belief, there's no reason why webcasters should be able to reach an enormous new audience on the internet and get away without paying any additional fees. And if they feel that the fees are unfair, our free market system will let them make the conscious decision to just stop webcasting and not have to pay another dime.

    For instance, consider the following scenario: radio stations N and L, located in New York and L.A., are owned by the same person. N webcasts their content (for free, under the old regulations), and L rebroadcasts it. Why wouldn't L get to rebroadcast it for free, considering that everybody in L.A. already has access to it? ASCAP is there for a reason: the more you distribute the music, the higher the price, because: the more you distribute the music, the more you can charge your advertisers.

    There is a time and a place to bash the RIAA but let's choose our battles a little more wisely, okay?

    Bill

    1. Re:But it's only fair. by ywwg · · Score: 3, Insightful

      "our free market system will let them"

      The free market is not a conscious entity. If ever there was an underlying philosophy to the US in general, it's this odd idea that The Market is somehow this all-knowing, all-seeing entity that does What Is Best For Everyone. I don't have the proper background to expound expertly, but it seems to me that relying on The Market to decide everything inevitably benefits those who benefit most from capitalism -- the rich. Ok, so having the government decide what is best for everyone doesn't have a great record in history. For one thing, its motive is profit, nothing more. Is profit really the best measure of a society?

      Closer to this example, it bears pointing out that the recording industry has a monopoly on music distribution anyway, and they prices they charge and the restrictions they impose are not those of a natural system. When the artists themselves are restrained from distributing their music how they see fit, is the Great Free Market really fulfilling its function?

    2. Re:But it's only fair. by Bobzibub · · Score: 1

      Well who buys less music b/c of streaming mp3? Personally, I buy more. Streaming audio allows me to buy products which I would not otherwise be exposed to. The RIAA knows this but these increased sales are far outweighed if they could monopolize web streaming just like they (and their ilk) monopolized radio. Make no mistake: the RIAA's goal is to charge monopoly rents for web streaming, and have the entire web captive to their own record sales channels. Those that do not have to pay fees (like, say....Sony) and mainstream "Oops I did it again" licenced sites will be the only ones left streaming if they are successful.
      Whether or not this is a winnable battle, I don't know, but it is very important for all online music listeners.
      I like to code to somaFM. (Guess the URL!) I doubt if they would survive if this continues.

    3. Re:But it's only fair. by Lemmy+Caution · · Score: 2

      What is also in suspense is the applicability of classical economic theory to dubious "goods" such as the right to reproduce a musical work and other inventions of intellectual property law. Unlike the case with real goods, which are alienable and subject to immediate defense, intellectual "property" requires draconian intervention into the everyday lives and the normal community patterns of people far afield from either producer or "owner."

    4. Re:But it's only fair. by Anonymous Coward · · Score: 0

      The more you distribute the music, the more you can charge your advertisers.

      However, most college stations do not have advertisers. They are licensed as non-commercial and are operated as a non-profit. They have nothing to gain by more exposure other then generating a greater music awareness. Thats why these fees are unrealistic.
      To put it in perspective the college radio station that i work at operates on a yearly budget of $40,000...

    5. Re:But it's only fair. by radiojock · · Score: 2, Interesting

      What about small "non" label driven webstations? I run one of those Stations We only do unsigned bands in the North West,I've read the ASCAP and BMI agreements, even if I don't do any advertising, Or make any money from the site, it still costs me money . Ascap and BMI have had a strangle hold on the industry for years. If they had their way, All the sites that carried "free downloads" from the artists ( yes some bands give you one or two songs free) The sites would have to pay for every song downloaded.

    6. Re:But it's only fair. by radiojock · · Score: 2, Interesting

      If you think of it this way, RIAA is hurting the economy.. So is ASCAP and BMI Webcasters let music be heard that may not have a venue elsewhere,be heard. In turn the listeners are interesed in the band, they go out and buy the CD(which pays BMI and ASCAP), In turn the bands have to play more shows... In turn they buy new musical equipment, to play more shows where more people are coming,In turn the clubs make more money and continue to have live bands. If webcasters are charged outrageous fees, then we can't play the music, thereby shutting us down, the bands don't sell any CD's the clubs don't make any money, the music stores don't sell equipment. Pretty vicious circle... my site www.nw-radio.com doesn't sell records, we let people hear music that they may not have any idea is out there ... So Why should I have to pay RIAA or BMI or ASCAP for helping THEM ?

    7. Re:But it's only fair. by Let's+Kiosk · · Score: 1
      Fuck that. Did you read the entire article? College and community radio stations -- the stations least likely to reach an "enormous" audience under any circumstances -- will be the first ones forced off the air by these fees (which you admit are outrageous). Not only that, but the RIAA is demanding fees from webcasters that over-the-air radio broadcasters don't have to pay. Where is the fairness there?

      Yes, these stations could make "the conscious decision to just stop webcasting," but who would benefit then? All we'd be left with is an Internet filled with the same Clear Channel and Infinity stations that have glutted the airwaves with crap. And there's no reason for them to webcast, because they all sound pretty much alike anyway. (Which, incidentally, is why your N and L example makes no sense.)

      This is precisely the time and place to bash the RIAA. I hope this time they get their heads handed to them.

    8. Re:But it's only fair. by Trejus · · Score: 1

      I think that a lot of what you said was right, but there are somethings that you're missing. One is that the american economic system is not a free market. The RIAA has the power it does simply because it has passed the nessecary laws that restrict the market to thier own advantage. If this was a free market, thier monopoly could not exist because of the multitutes of alternatives that have come into being. However, the RIAA has labeled this alternatives as "illegal" instead of "competition" and therefore can sustain its monopoly. Yes there was a lot of copyright theft taking place on napster, but it was also a legitamate alternative distribution method. In effect, they have increased the barriers of entry, which are essentially the cost of duplication, to price out most competition.

      --
      "To save the planet, I had to go to the worst spot on Earth, and that was Philadelphia." -- Sun Ra
    9. Re:But it's only fair. by jthill · · Score: 1
      there's no reason why webcasters should be able to reach an enormous new audience on the internet and get away without paying any additional fees
      You sound like Bill Gates, utterly unable to comprehend that anybody not paying or making him money might just not want to do business with him. Gates in turn sounds remarkably like Kaiser Wilhelm: encirclement! encirclement!

      "Get away" without paying "additional" "fees"? Can you say "presuming facts not in evidence"? It'll do you good. Go ahead.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    10. Re:But it's only fair. by Anonymous Coward · · Score: 0

      Wow, what stunning insight. The ones who profit from the free market, are the ones who profited from the free market. Its a mistake to think that the rich benifity from the free market because they are rich, instead of the reason they got rich is because the market was free for them to succeed in.

      I agree that profit is a terrible measure of society, but the free market isnt inherently evil, and in fact abuses in power and freedom come more from regulation and out-of-market forces then the free market.

      This is a problem of too many laws, not too few! Dont blame the free market for the RIAA, blame the government for giving them the tools to remain a meanace.

  8. I can't believe it! by gatesh8r · · Score: 0, Troll

    They got a CLUE!!! omg, excuse me, I gotta wake up now... this can't be happening.

    --
    Karma whorin' since 1999
  9. Re:Question For Trolls by Anonymous Coward · · Score: 0

    For you fucknuts, C.T. is CmdrTaco.

  10. "To uphold and protect" indeed by openbsd_guru · · Score: 0, Troll
    It is a mighty testament to the degree with which our representatives consider themselves above the law, when we hear quotes like "Napster is one of the coolest inventions of modern times" from Rep. Cannon. How are ordinary American citizens supposed to have respect for the law when the very legislators who make the laws encourage defiance with a nod and a wink?

    I feel ashamed that I live in the greatest country in the world, and this is the best "democracy" that they could muster. Our Congress should be held up as an example to the rest of the world of how not to run a government.

    -t

    1. Re:"To uphold and protect" indeed by cpt+kangarooski · · Score: 4, Insightful

      Well, clearly, you failed your civics class in school, but let's recap:

      Congress is the legislative branch of the Federal government authorized under the Federal Constitution. It creates legislation and can, either in cooperation with, or independently from, the President, pass it into law. The Constitution enumerates a number of powers to be granted to the Congress. One power is the ability to create copyright laws.

      Note that they're not REQUIRED to do so! Congress could abolish copyright tomorrow, and it would be perfectly within their authority.

      Furthermore, within a few broad Constitutional limits that would not be applicable in a scenario where Napster et al are legalized, Congress can set up copyright laws however it likes.

      The first Copyright Act, passed in 1790 by the First Congress only granted copyrights to books and maps that met certain criteria. (e.g. the copyright had to be applied for and approved, had to be held by an American, etc. IIRC) Do you claim that they were acting illegally by creating this law? If so, what law could a law-making body be breaking?

      If Congress legalized Napster and its ilk, they wouldn't be advocating the violation of federal law, but encouraging people to exercise their free rights. Free and frank debate about the worth of our laws is the only way to improve them. Nothing wrong with doing a reality check and seeing that people aren't happy with the status quo.

      Our government's pretty damn well good, all things considered. It's been stable for a few hundred years whilst remaining rather free, and that's definately an achievement.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:"To uphold and protect" indeed by Silvanis · · Score: 2, Insightful

      On a slight side note, it can be agrued that Congress was only given the power to CREATE a copyright law, not change it. While this may spell bad news for the legality of the current bill being debated, it also makes the extensions to copyright illegal, which I think serves a much greater good.

    3. Re:"To uphold and protect" indeed by Anonymous Coward · · Score: 0

      If you can create a copyright law, you can create another saying the previous one is invalid, and here's how we do it now. So STFU.

    4. Re:"To uphold and protect" indeed by jbridge21 · · Score: 1

      democracy? who said anything about democracy? this country has never been one and will never be one.

      it is a republic.

    5. Re:"To uphold and protect" indeed by Anonymous Coward · · Score: 0

      What part of "setting a bad example" don't you understand?

      Sure, laws can be arbitrary. But can you point to an example of an anti-drug-war congressman who encourages people to smoke pot, for instance? Telling people it's okay to break the DMCA fosters the same exact disrespect, and its consequence on society cannot be understated.

    6. Re:"To uphold and protect" indeed by Samari711 · · Score: 1

      just because a something is a law, it doesn't mean that it's right. not to oversimplify or try to reach too much, but remeber that whole civil rights thing a little while back? A lot of things were illegal then that are legal now, and that's because people openly defied those unjust laws.

      --

      I never said I was smart, I just said I was smarter than you

    7. Re:"To uphold and protect" indeed by fireweaver · · Score: 1

      "Anonymous Coward" wrote: "Telling people it's okay to break the DMCA fosters the same exact disrespect, and its consequence on society cannot be understated."

      Actually, what cannot be overstated is that a great many (informed) members of society (not all of whom are /. readers) -do- have a great deal of disrespect for the DMCA, the legislators who voted on it without understanding the implications of the law, and the recording industry lawyers/lobbyists who promulgated the whole thing to begin with.

      More and more people are starting to figure out that we are moving in the direction of a "pay per play" regime and they simply do not like that. People are simply sick and tired of being squeezed for all they are worth and then some.

      So all I can say is count on more and more violations of the DCMA being committed in the future. I guess they will have to start releasing some of the drug users in jail to make room for all the coyright violators.

    8. Re:"To uphold and protect" indeed by gilroy · · Score: 2
      Blockquoth the poster:

      ...what law could a law-making body be breaking?

      Um, the Constitution? Congress has a law-making authority constrained by the Constitution. That bit of law cannot be overridden by a vote of Congress. (It can be amended by such, but that's not the same thing: the amendment process is spelled out in the document and, when followed, leads to new law under the Constitution.)



      My other quip would have been, the laws of mathematics. Remember the state legislature that considered mandating a value of 3 for pi? :)

    9. Re:"To uphold and protect" indeed by mshiltonj · · Score: 1

      Congress is the legislative branch of the Federal government authorized under the Federal Constitution. It creates legislation and can, either in cooperation with, or independently from, the President, pass it into law. The Constitution enumerates a number of powers to be granted to the Congress. One power is the ability to create copyright laws.

      I don't think we need to teach civics anymore.

      The Constitution is just fancy toilet paper now. Just say "necessary and proper clause" or "regulate interstate commerce" and Congress has a de facto blank check to pass any law it damn well pleases, regardless of the Constitution's limited government doctrine.

      If civics is necessary, an honest civics class in modern america would be one sentence: "The government is your master and can do what it likes. As a consolation for being a kept citizen, you get to pick who holds the whip every two or four years."

      Students will then have the rest of the day to watch "Friends" or "WWF".

      Watch the movie "THX 1138" (George Lucas's first film, btw, before he became a whore, also staring Robert Duvall)

      The government in the movie says: Buy more, and be happy Or just listen to Bush recently: I ask your continued participation and confidence in the American economy.

    10. Re:"To uphold and protect" indeed by cpt+kangarooski · · Score: 1

      That's like arguing that although Congress has the power to declare war, they don't have the power to stop, and declare peace.

      I don't think that even the strictest constructionist goes that far. Congress' power to repeal its own laws by passing another, superceeding and nullifying law, is not usually questioned.

      Besides, you're wrong about the greater good, anyway; even if Congress couldn't extend copyright, works that didn't have their term extended, but which instead received their copyright after the extension will still get it. And according to you, everything afterwards will have it. Everything in the future being so inaccessable strikes me as a bit worse than a relatively small amount of stuff in the past being accessible.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:"To uphold and protect" indeed by cpt+kangarooski · · Score: 1

      Yes, yes, but within the context of Congress weakening copyright law, there's not a whole lot of Constitution to run headlong into.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:"To uphold and protect" indeed by cpt+kangarooski · · Score: 1

      I don't think that deciding that musicians' exclusive rights over copyrighted material don't apply to noncommercial P2P filesharing is a big moral issue. True, just because something is a law doesn't mean it has moral authority.

      But copyrights in the US have never had moral authority. The entire purpose of them, as the Constitution demonstrates, is to promote the progress of the arts. What's 'right' doesn't enter into such a utilitarian scheme. Moreover, there's perfectly good arguments in all directions, morally, even that copyrights shouldn't exist at all. Copyrights are not an inherent human right, you know.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:"To uphold and protect" indeed by Anonymous Coward · · Score: 0

      If Congress legalized Napster and its ilk

      What do you mean by "legalize"? Napster isn't illegal. It's a company. And software. And neither are currently illegal.

      You can use it to break the law, but in no way is running Napster illegal. Just like a browser or FTP client.

    14. Re:"To uphold and protect" indeed by Anonymous Coward · · Score: 0
      Congress has a de facto blank check to pass any law it pleases, regardless of the Constitution's limited government doctrine

      This always struck me as rather funny. The U.S. was formed under the idea that the federal government would have a short list of explicitly enumerated powers, but now the federal government has become very powerful and overbearing. On the other hand, when Canada was formed, the Canadian provinces were to have a short list of explicitly enumerated powers, with all the rest of the powers taken care of by the Canadian federal government, but now, the Canadian government has very little power. In other words, the U.S. federal system was what Canada's was supposed to be, and vice versa.

  11. On the other hand... by SuperKendall · · Score: 5, Interesting

    How many people could these webcasters REALLY reach? If everyone in LA listens to a station at once that's fine, and you have millions of listeners - but since the practical reality of many webcasts is one of limited bandwith, perhaps pricing (if any) should be reflected based on how many simultaneous users could really listen at once.

    The other thing to consider is how many of the artists a station is playing are really going to get a piece of that ASCAP pie. If all you're playing is experiminetal stuff, why should ASCAP get anything from you? How about a pool composed of exactly the artists played, that seems a lot more fair.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  12. College radio stations must stay. by GeorgieBoy · · Score: 3, Informative

    Some of my favorite stations have been college radio stations. My personal example is WSOU, Seton Hall University's station in NJ. There's no way I can hear them w/o webcasting anymore because I've moved across the country.

    Poor record companies - no one sympathizes with their "dilemma". The Internet has revolutionized music and it's about time they realized that the more they make access to music difficult, the less people want to buy their music, and the more people will find other ways to get it.

    Some of the more interesting music I've heard has been on college radio. Treat an academic institution's radio station like an enterprise is beyond disgusting. The best part of college stations is that their playlists are often less strict, and much of what gets played wouldn't fit into the "mainstream", or even a format, for that matter. It's way better than having a radio station pump their "Heavy rotation" down my throat.

  13. Re:not fp by Anonymous Coward · · Score: 0

    just because you're a vegetarian, it doesn't mean you can't be a vagitarian too

  14. working link by cosmol · · Score: 1

    try this

    1. Re:working link by Anonymous Coward · · Score: 0

      Yeah ... but yours is based off of a a query too, so it will also expire soon. Foolish boy.

  15. bye karma by mliu · · Score: 1, Insightful

    God damn, I'm so tired of this. Please, take my karma, I don't care.

    2001-12-14 16:50:32 dmca and college radio stations (articles,news) (rejected)

    This is like the 3rd or 4th damn time this has happened to me. In the beginning I submitted stories because I loved the site and what they'd done with it and wanted to help them. And then that feeling faded away, and I submitted stories because I cared about helping make sure that important news was seen by all the like-minded people who come here. Now I wonder what I even bother anymore at all, cause they'll just reject whatever I submit anyways.

    From the interesting stories I have submitted and had shot down, I realize there must be so many great stories out there just waiting to be told, and the only thing holding us back is that we have no way of getting them to the audience because the powers that be decide that Bozo the wonder toaster powered by Linux is more interesting than people getting arrested for the first time in the world for using File Sharing clients (in Japan, look it up) or anti-cancer molecules which self-reproduce. Pisses me off.

    I wish there were someway I could read through the submissions directly, and cut those worthless editors, with their inane, poorly-written comments, right out of the process since I could really give a damn about those little biased blurbs they throw on the end of each post. What would be really great would be to see the same moderation applied to comments applied to articles, or to see each rejection or acceptance by an editor labeled with a numerical value that he decides, and we can choose the level at which we want to browse articles, just like we can do with comments. Of course, for them to implement either of these might require them to take time out of their busy schedule of randomly picking marbles out of hat while blindfolded to choose which stories they post........

    1. Re:bye karma by Anonymous Coward · · Score: 0

      Perhaps you submitted after this one and yours got rejected as a duplicate. The story's just been posted, but it could've been submitted after yours.

      A rejected reason would be nice - but that's covered in the /. faq (the answer is "we're too lazy")

    2. Re:bye karma by dangermouse · · Score: 1, Offtopic
      Kuro5hin is the place you oughtta be. When it comes back up (there was a catastrophic hardware failure), check it out.

    3. Re:bye karma by mliu · · Score: 1

      yeah, maybe, I considered that possibility. But my point still stands that it would be nice to get some more accountability and feedback into the system of submitting stories. Usually, when I submit something like this that I feel is terribly interesting, it doesn't ever show up. Occasionally it does later, sometimes by a couple days, sometimes by a couple hours (like this one). But if we could browse articles at rejection levels, or we could browse articles through article moderation, like I suggested, these wouldn't even be issues......it's just frustrating as hell seeing that rejection notice next to a story that you feel is really something, and then to see some completely stupid story appear on the mainpage just moments later......

    4. Re:bye karma by Anonymous Coward · · Score: 0
      I've submitted stories and had them rejected and the story got posted a day later by someone else. I think that one of the problems is that different editors see the same thing -- one rejects it, then the next day one accepts it. But it is frustrating and will lead to the overall decrease in quality of submitted stories. Once I complained, and CmdrTaco's response was "get over it."

      The market for a slashdot alternative is ripening. The editors have their heads in the sand -- the lack of due diligence in posting/editorializing, the lack of attention to the most basic details (broken links, bad grammar), and general contempt for people who actually care -- and they have no problem pissing off people who take the time to submit stories in good faith. As much as they complain about Microsoft, they treat people no better. And how you treat people means a lot.

      It's too bad. Slashdot feels less like a community than an insider's club for jerks.

    5. Re:bye karma by Anonymous Coward · · Score: 0

      kuro5hin has deteriorated to a site for extreamist polictics and sheepish discussion.

    6. Re:bye karma by Anonymous Coward · · Score: 0

      It will be back "tomorrow".

      They've been saying that for weeks now!

    7. Re:bye karma by dangermouse · · Score: 1, Offtopic
      So, just because I'm curious and have the karma to burn... how exactly is my previous post offtopic? The poster of the parent was clearly pining for a user-edited discussion site, and I pointed him to one he might like. I was all over his topic.

      Ah well.

    8. Re:bye karma by Anonymous Coward · · Score: 0

      Hasn't got much to do with RIAA/DMCA/MOCA though, has it?

    9. Re:bye karma by Anonymous Coward · · Score: 0

      Still, it's better than Slashdot's flamefests and blind Linux-loving.

    10. Re:bye karma by zhensel · · Score: 1, Offtopic

      I think that if your post is germaine to its parent, it can hardly be deemed off topic. This has happened to me once or twice and is fairly annoying. People have message subjects for a purpose. If you read the first message of a thread and it is off-topic, obviously the rest will be off-topic as well, so if the digression doesn't interest you please fuck off. People have moderation points and want to use them all without the possibility of negative metamoderation so they search for all off-topic posts. What I really don't get is all the blatent karma whoring in general. I post off-topic as much as I do on, rarely get highly rated posts, but somehow I'm consistently at 50 karma. Really, it isn't a challenge. I don't see why everyone doesn't post at +2. I guess it helps not to have too polarized a community by allowing, say, a 150 karma level or something with a +3 bonus (clearly it'd be way to easy to make your comments seem more authorative with that bonus), but I see no reason why I should have a +2 bonus with the amount of effort I contribute to slashdot, especially given the moderation I've received. Feel free to moderate this post into oblivion to help me feel less guilty :)

    11. Re:bye karma by hearingaid · · Score: 2
      I wish there were someway I could read through the submissions directly, and cut those worthless editors, with their inane, poorly-written comments, right out of the process since I could really give a damn about those little biased blurbs they throw on the end of each post.

      That would be Usenet. Get a newsreader, head on back.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  16. Re:not fp by Anonymous Coward · · Score: 0

    Are you sure you mean pussy, cockeater?

  17. College Radio? A partial answer... by SnakeStu · · Score: 5, Interesting

    ...is to recognize the nature of their audience and the utility of the Open Audio License. All of the colleges I am aware of have a significant population of aspiring musicians eager to be heard, as well as many young, fresh minds open to listening to something other than what "Mom and Dad" listened to at home. So you have willing producers and open consumers, and the Open Audio License allows the college radio stations a way without fees to bring them together.

    In such an environment, a college radio station should actively promote the Open Audio License and encourage student musicians to release their work under it -- and then give it plenty of airplay (it costs them nothing). Open Audio might not work well in some markets (i.e., those where listeners expect to be given what the music industry convinces them to listen to via advertising), but I can imagine no market more prime than college radio.

  18. Re:Do you by Anonymous Coward · · Score: 0

    The guy on Isonews is a christian. Not the bad, bible-beating kind, but he does make a point of his being a christian. WWJD? He'd troll and post sick shit on /., of course.

  19. Music On-Line Competition Act by FFFish · · Score: 5, Insightful

    Hell with that.

    We need a "Music Competition Act." On-line, off-line, on-air, whatever: the problem is that the music mafia -- let's start calling them by their true name -- have their greasy, pudgy fingers wrapped around the throat of every artist, choking the life out of them.

    Y'ever notice how many artists set up independent studios and private record labels? It's because they want ownership of the music they create, control over the production process, and aren't willing to whore themselves out to the mob any longer.

    The only ones who stick with the bigname labels seem to be the ones that are just manufactured puppet bands: the boy/girl bands that pump out mindless pap for the gullible teenage market. Without a mobster's hand up their ass, making them perform their puppet moves, these glam-bands wouldn't be able to make a living wage, so they're forced to stick with their masters.

    But there are legitimate artists who have been strung up by the puppeteers. Binding contracts that guarantee their whoredom for many years, loss of ownership of image and name, mounting debt because the mafia loaned them the money to become successful and demand payment back.

    We need a Music Competition Act that cuts the hands off the music mafia. It's currently not plausible, if not completely impossible, to break into the music market without sponsorship of the mafiasio. Let's change that. Let's make it so that artists don't have to whore themselves to make a buck.

    --

    --
    Don't like it? Respond with words, not karma.
    1. Re:Music On-Line Competition Act by Pussy+Is+Money · · Score: 0
      because the mafia loaned them the money to become successful and demand payment back.

      Right. So if an artist hits big because you funded his gold teeth and his expensive wardrobe and you want your money back, it's like mafia?

      Wake up. It's the star system, the hit system, the celebrity system that's broken. What's broken is that gold teeth and an expensive wardrobe can buy you platinum. But y'all are so addicted to the media crap, it'll never happen.

      --
      Pushin' 'n dealin', shovin' 'n stealin'
  20. Republicrats by Anonymous Coward · · Score: 0

    Labels mean nothing. For a politician to get enough popular support to be elected, they have to have show a political viewpoint pretty damn close to the center.

    1. Re:Republicrats by Anonymous Coward · · Score: 0

      Hitler got elected...look it up if you don't believe me. So he was 'close to the center' too?

    2. Re:Republicrats by Anonymous Coward · · Score: 0

      I call Godwin.

      Good night.

    3. Re:Republicrats by CokeBear · · Score: 2

      When Hitler got elected, it was with only 40% of the people voting. We are getting dangerously close to that here now.
      hmmm...

      --
      Reality has a liberal bias
  21. What a minute by flacco · · Score: 4, Funny
    My favorite quote, from Rep. Cannon: Napster is "one of the coolest inventions of modern times."

    What, have teens started voting or something?

    --
    pr0n - keeping monitor glass spotless since 1981.
    1. Re:What a minute by finkployd · · Score: 1

      Teens generally do not vote republician.

      One of my favorite quotes (I forgot who said it): "If you are not liberal in your 20s, you have no heart, if you are not conservative in your 30s, you have no brain"

      Finkployd

    2. Re:What a minute by cvd6262 · · Score: 1

      I know Cannon personally, and I never thought I'd hear him say this. He lives in a big house in a very small town in Utah, and is typical republican, and didn't even respond to my anti-DMCA emails (although Orrin Hatch did). I was resigned to vote against him next election, but if he follows this comment up with more sustained actions, I will reconsider.

      --

      I'd rather have someone respond than be modded up.

    3. Re:What a minute by Anonymous Coward · · Score: 0

      That's a bit of a mangled quote (actually, very mangled), but that one came from Winston Churchill.

    4. Re:What a minute by finkployd · · Score: 1

      Thanks

  22. Contradiction by Oily+Tuna · · Score: 2, Insightful

    greasy, pudgy fingers wrapped around the throat of every artist, choking the life out of them.

    Y'ever notice how many artists set up independent studios and private record labels

    Which is it?

    IMO, it's closer to the former; there may be plenty of independent studios and labels producing excellent music but something is preventing them from getting wider exposure. It isn't lack of quality, so is it unfair competition from the bignames?

    --
    Mmmmmmm ... sushi.
    1. Re:Contradiction by nomadic · · Score: 2

      IMO, it's closer to the former; there may be plenty of independent studios and labels producing excellent music but something is preventing them from getting wider exposure. It isn't lack of quality, so is it unfair competition from the bignames?

      Well, let's be honest; there is a tremendous amount of really bad music in the independent music scene. The vast majority of independent bands aren't signed not because the music companies "don't get it" or "can't appreciate great music", but because they aren't that good.

      As for competition, yes, that's why most bands don't get any exposure. But it's not because the record industries are preventing it somehow. How many people do you know in a band? How many want to do it for a living? Now multiply that by a hundred thousand, and that's how many bands there are fighting to be heard in this country. Even the smallest record store will have thousands of different musicians across a broad variety of genres; the market is just oversaturated to an extent that doesn't exist in any other industry.

  23. Translation, please. by juju2112 · · Score: 1

    Um, I hate to say this, but could somebody translate this bill into english for me?

    1. Re:Translation, please. by Oily+Tuna · · Score: 1

      1) You can broadcast audio over the web with the same restrictions as broadcasting over radio.

      2) You can broadcast samples of works over the web

      --
      Mmmmmmm ... sushi.
    2. Re:Translation, please. by ethandoesntknowmuch · · Score: 1

      So, does this mean I cannot transfer mp3 files freely?

    3. Re:Translation, please. by Anonymous Coward · · Score: 0

      You can't broadcast them freely.

    4. Re:Translation, please. by ethandoesntknowmuch · · Score: 1

      I guess I should have said, "transfer them via the internet".

    5. Re:Translation, please. by cthugha · · Score: 2

      The US Code can be found here.

  24. The RIAA is cutting off their nose...... by Newer+Guy · · Score: 1

    ...to spite their face. Most commercially successful records are first played by college stations. Also, many niche genres get their start on college radio! Those stations, mostly independent and with no commercial axe to grind benefit the record companies much more then I think they truly realize. To bite the hand that feeds you is pure stupidity! But then again when I see the arrogance of Hilary Rosen and her ilk I'm not surprised at all.

    1. Re:The RIAA is cutting off their nose...... by InigoMontoya(tm) · · Score: 1

      And why do you think the RIAA is going after them? Because they don't want you listening to "niche genres" or "independent radio." They want you to listen to what they tell you to listen to.... otherwise, there's a chance you might buy an album from an artist that isn't a member of the RIAA. And we can't have that, now can we?

      If the RIAA had their way, there would be no independent radio.

      InigoMontoya(tm)

      --
      This signature is self-referential.
  25. Suck my cock, RIAA by Legion303 · · Score: 4, Insightful

    Isn't it about time the college radio stations said, "Piss off, RIAA, we're only playing non mafia-sponsored music from now on"? "KBBL: RIAA free and damned proud of it." The first radio station that has the balls to do this will get as much donation money as I can afford. -Legion

    1. Re:Suck my cock, RIAA by waerloga01 · · Score: 1

      Unfortuately, the majority of people that think like slashdot that want to say "Suck my cock, RIAA" are poor college students with about 2 pesos to rub together for spare change, while vocal, we are not a threat...though I wish that wasn't so.

      Once non RIAA music gets played on MTV or VH-1 _then_ can the strangle hold be broken.

    2. Re:Suck my cock, RIAA by Anonymous Coward · · Score: 0

      The first radio station that has the balls to do this will get as much donation money as I can afford

      Somehow I doubt $2.15 is really going to help them all that much.

  26. They must've known slashdot was going to link toit by Jailbrekr · · Score: 2

    The link provided by the esteemed Slashdot authors gave me the following:

    Please resubmit your search

    Search results are only retained for a limited amount of time.Your search results have either been deleted, or the file has been updated with new information.

    --
    Feed the need: Digitaladdiction.net
  27. Better Salon Link by Alien54 · · Score: 3, Informative
    You can bypass those nasty ads on Salon if you link to the printer friendly version of the story:

    http://www.salon.com/tech/feature/2001/12/13/colle ge_webcast/print.html

    And it is a bit easier to read as well.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Better Salon Link by Anonymous Coward · · Score: 1, Insightful

      Yeah, we sure wouldn't want Salon to make any *money* or anything.. maybe we could all make a donation to help pay for their bandwidth costs..

    2. Re:Better Salon Link by cpt+kangarooski · · Score: 1

      It's not my problem how or if Salon makes money. What is my problem is that I can't abide advertisements. I've got reasonably heavy filtering set up to block them out, because I don't have to look at 'em, I don't have to respond to 'em, I don't have to waste my bandwidth, memory or CPU cycles on 'em, and I sure as hell don't have to put up with 'em.

      If they go out of business, then they go out of business. Maybe they shouldn't've relied so heavily on such a lousy way of making money.

      I don't have to subsidize stupid business plans with annoying implementations. Who says I do?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Better Salon Link by MKalus · · Score: 1

      They offer sponsorship, I BOUGHT a membership precisely because they deserve support.

      If they offer something for almost nothing but in return ask you to endure some graphics than you shouldn't blast them for it but instead maybe consider to say "thanks".

      But I guess that's a foreign concept, heaven forbid to actually PAY for something you can find on the web.

      --
      If you want to e-mail me, use my PGP Key.
    4. Re:Better Salon Link by cpt+kangarooski · · Score: 1

      Broadcast TV is free. They ask me to watch ads. Nevertheless, the TV is provided as a gratuity; I am under no obligation to watch ads, and I don't.

      It's like walking around in the city: there are beggars, they want you to give them money, they go through the effort of waiting there for it, and advertising it... but they can't demand handouts.

      Frankly, I like them a lot better than I like advertisers.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Better Salon Link by MKalus · · Score: 1

      Nice point but still missing something I would say: Salon is an ALTERNATIVE to mainstream media, if you're fine with mainstream media (which is not only paid for by ads, but also largely owned by the companies advertising there) then go there and don't waste Salons Bandwidth.

      If you on the other hand though LIKE what they write / report and find it useful what they do, than try to support them.

      It's like the guy who cleans your car window on the crossing, you give some money and they give you a service.

      --
      If you want to e-mail me, use my PGP Key.
    6. Re:Better Salon Link by cpt+kangarooski · · Score: 1

      It's a little difficult for me to imagine Salon, a publicly traded company, as an alternative to mainstream media. (even if their stock is in the crapper)

      Regardless, I'm sure that even what you call mainstream media would make the same argument: that I have a moral obligation to look at their ads.

      I still stand in my original position: I don't have to look at anything I don't want to. Hell, it's not just me saying this. In the very same decision that solidified the legality of VCRs, the Supreme Court had no problems whatsoever with viewers editing out commercials during recordings, or skipping them during viewing. Sony Corp. of Am. v. Universal City Studios, 464 US 417, 423 (1984).

      Like broadcast TV, the advertisers are the ones who bear the burden of paying for it. After they do, the content is provided for free to me.

      And that guy who's cleaning my window isn't doing so because I asked him to. That's why I don't pay them when they give me something for free that I never asked for. Of course, if you want to send me your mailing address, I could send you a very valuable blank sheet of paper, and bill you $100 for it which you'll owe, according to your sensibilities, merely because you receive it, unsolicited. (the USPS of course, takes my stance: unsolicited products in the mail are gifts)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Better Salon Link by MKalus · · Score: 1

      Oh I see your point.

      But the point I try to make it is this: There is a morale obligation and then there is law...

      That those and common sense have nothing in common is well known.

      Michael

      --
      If you want to e-mail me, use my PGP Key.
  28. RIAA is putting down "non-signed" bands... by g00z · · Score: 5, Insightful

    I recently ran into this snag about 2 months ago. My band was playing live on a community radio station in St. Louis (www.kdhx.org) and of course I wanted our fans and friends of mine to listen in, so I sent them I link to the radio station. I remembered the radio station had a live web stream and figured listing online was the easiest thing to do.

    As I came to find out, the radio station recently (Like 2 weeks before hand) was forced to shut down their web-stream (a shoutcast server) because the RIAA had threatened to sue them unless the station paid the RIAA some obscene amount of cash (around 500K) to comply with this new charge thanks to the DMCA.

    So let's think about this for a second -- My band (unsigned) cannot be heard by our fans because the RIAA thinks they should be getting money from music streams over the internet, in turn, my band playing (not signed to an RIAA partnered label).

    What pisses me off the most is comments about the artist deserving the cash, yadda yadda yadda, so the RIAA somehow deserves this cash. That's a bunch of horseshit. I'm obviously not receiving any of this cash for my records being played on the radio, nor my live performances on a station.

    In case you didn't know, the RIAA's been screwing the independent musician for DECADES. Take recording for an example: most independent musicians use small 4-track cassette based recorders to put record their music to sell at shows, give to stations, etc. But did you know, ALL blank cassette tapes have a RIAA tax attached to them? So when I buy a blank tape, not to copy a RIAA CD, but to record myself, I give the RIAA around 10%-30% of what I paid for the tape! To record *MY* music. Now they want to start taxing CD-R's, and hardrives. Go to hell guys.

    Listen, I'm pleading with all of you -- if this stuff makes you angry, don't just boycott RIAA bands, support non-signed/non-RIAA bands! You don't even have to buy stuff, just go to shows, download free mp3's, anything -- just give the underdogs a chance. It's the last thing the RIAA wants. It's not about controlling their copyrighted materials, it's about controlling music -- who hears it, and what they hear.

    --
    "The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
    1. Re:RIAA is putting down "non-signed" bands... by benh57 · · Score: 0

      Quicktime streaming server is open source - Get it here Combine that with your favorite colo'd server and there you go. Your band streaming.

    2. Re:RIAA is putting down "non-signed" bands... by Anonymous Coward · · Score: 0

      Nice comment. Thanks.

    3. Re:RIAA is putting down "non-signed" bands... by M-G · · Score: 2

      Well, as another St. Louisan, I can say that KDHX does a pretty decent job.

      Now, what I can't figure out about all of this is how the RIAA has _any_ say in this whatsoever. The sub-$1000 fees mentioned in the Salon article are paid to ASCAP and BMI, the major groups which represent music composers. A college or community radio station only pays these reduced royalties to ASCAP and BMI for a 'performance license' to broadcast a composition. The RIAA has no say whatsoever in what you broadcast, and don't get any money from the station. How they're able to suddenly extort cash simply because you're streaming audio over the net as well is beyond me.

  29. Re:I eat pussy for breakfast by Anonymous Coward · · Score: 0

    I am the horniest motherfucker on earth!

    That is, next to me...

  30. WSOU by PaxTech · · Score: 2
    From WSOU's website :
    • The decision to change WSOU's format was submitted to WSOU from the executive cabinet of Seton Hall University in the form of a letter. The letter stated that the administration of Seton Hall desired the current "hard rock" format be dissolved by January 1st. This decision was by no means decided by the WSOU staff. Meetings are currently being held as to the future of WSOU. We will keep you posted on any new events. Thank you for your continued support of Seton Hall's Pirate radio.
    Looks like WSOU's playlist just got a LOT stricter.
    --
    All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    1. Re:WSOU by szomb · · Score: 1

      This is fucked up! This used to be such a great station...

      --
      Just because a few of us can read write and do a little math, doesn't mean we deserve to conquer the universe
  31. Do my eyes fail me? by Anonymous Coward · · Score: 0

    Slashdot agreeing with a Republican? Dare I see the Day? Has hell frozen over? Its just not slashdot without the Republican bashing!

    1. Re:Do my eyes fail me? by Anonymous Coward · · Score: 0

      Slashdorks can agree with any politician as on as they support the theft of intellectual property.

    2. Re:Do my eyes fail me? by thumbtack · · Score: 2, Interesting

      MOCA was co-sponsored by a Republican and a Democrat. A bi-partisan bill which is needed if it is to have any chance of passing. The RIAA spreads its money across the board, Republican's or Democrats, it doesn't matter. The RIAA is losing a lot of credibility on Capital Hill after the USA Act fiasco

  32. Jamie Zawinski on Webcasting by ewhac · · Score: 5, Interesting

    Jamie Zawinski wrote a most informative rant on the labyrinthine regulations and pitfalls that potentially face anyone wishing to Webcast. As he owns and operates the DNA Lounge nightclub in San Francisco, which does its own share of Webcasting, the man has definitely done his homework. Definitely worth a read.

    Schwab

    1. Re:Jamie Zawinski on Webcasting by 'This+is+false.' · · Score: 1


      What is DaDa?
      Here's what some of the artists themselves said:

      * "DaDa is beautiful like the night, who cradles the young day in her arms." - Hans Arp
      * "DADA speaks with you, it is everything, it envelopes everything, it belongs to every religion, can be neither victory or defeat, it lives in space and not in time." - Francis Picabia
      * "Dada is the sun, Dada is the egg. Dada is the Police of the Police." - Richard Huelsenbeck

      --
      "It's because they're stupid. That's why everybody does everything."- Homer Jay Simpson
  33. Re:Hm by Anonymous Coward · · Score: 0
    Spray it with some deodorant, you fool!

    Bin Laden tape is a fake. It's too good to be true.Wag the Dog!

  34. Music Online Competition Act by thumbtack · · Score: 5, Insightful

    I live in VA. Rick Bouchers home state and have spoken with him about MOCA. While the RIAA and the recording labels spend millions to buy the congress, one thing has been emerging.

    Your Congressperson and Senators need your vote MORE than they need the RIAA cash. Washington is about maintaining power, without the votes there is no cash, no lunches, no trips, no chance to make a difference. Make it clear to your congressperson that you support MOCA and as a consitutant of his you expect him to vote accordingly, not that of special interest groups such as the RIAA.

    The text of the Music Online Competition Act can be Found Here . The MOCA is a even handed piece of legislation the strives to fix some of the roadblocks brought about by the DMCA, but faces a uphill battle. Congress is reading their e-mail these days, write, specify the topic in the subject line Music Online Competition Act, and as much as it pains you be nice. You catch a lot more flies with honey than vinegar.

    1. Re:Music Online Competition Act by Fjord · · Score: 1

      Congress is reading their e-mail these days

      They cartainly aren't opening their mail

      --
      -no broken link
  35. new horizons by Alien54 · · Score: 3, Interesting
    Well, there is always IndyMedia.org, which is is a true open publishing solution. they are starting to run into the problems of scalability in a community, since the signal noise ratio is starting to drop.

    or you could try to help build other sites like RadioFreeNation.net or GlobalFreePress.com, or AlternateNews.com, or SmirkingChimp.com, etc etc etc

    The point being is that maybe one percent of people reading will even post a comment, and a lot less will submit a story. so when there are hundreds of submissions, there is a plenty good chance that someone will post it before you. It is again a scalibilty issue

    Then you have to see if one of the editors will like your write-up or not. Or if it confuses them, or does it entertain them enough, etc.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  36. You're clearly doing something wrong, pal by Anonymous Coward · · Score: 1, Funny

    I've had four stories posted out of five submitted. It's all about the writing. The all-lowercase title does not bode well for the writing style of your submission. You might want to work on that.

    A lifetime of trolling has honed my writing skills to a fine edge. In fact, I believe that at any given time I could get a story posted on the front page withing 12 hours of deciding to try. So, quit whining and learn to write.

    Oh, it also helps if you don't submit the same fucking things everybody else is submitting.

  37. What would happen.. by greenlante3rn · · Score: 1

    I would hate for this to happen, I mean college(and university) radio is about the only decent channels on the radio. Although I do like some top 40 radio but I usally find it to chatty and repatitive*cough*nickelback*cough*.

    Plus most college radio stations are already working on what preety much amounts to a shoe string budget. Combine this with the low power transmiters most of them have(which means sometimes webcasting is the only way to get it if you don't live on campus) this could be a deathblow.

    --
    Theres one problem with reflecting your reality, sometimes your reality starts to reflect you.
  38. Re:They must've known slashdot was going to link t by Animats · · Score: 2
    No, that's just the way the Library of Congress system works. The search engine is a front end to Congress' IBM mainframe system. It generates web pages when you make a query and puts them on the web server, deleting them in about an hour. It's a bit clunky, but the legislation database is more secure that way. Several major U.S. Government sites work that way.

    Go to the main legislative search page and put "HR2724" in the search box.

  39. The FBI has Sheryl Crow Golden Shower Pics! by JosefWells · · Score: 1

    The FBI is made up of humans, like you and me, trying to make it in the world they have chosen.

    The FBI isn't against left-learning and liberal thinking.

    The FBI certainly contins some alternatively oriented employees.

    The FBI is made up of international (born maybe), highly trained/skilled people.

    Conspiracy is fine, but lets not get away from ourselves. There is no them.

    1. Re:The FBI has Sheryl Crow Golden Shower Pics! by Anonymous Coward · · Score: 0

      But the FBI will never investigate the RIAA or the MPAA, because those organizations have lucrative positions in their legal team. A detective who sets out to investigate the RIAA may find dialog between said organization with the government agency, up to and including career positions in senior management to help squelch negative public relations. Its all in the name of good business. Welcome to the real world of capitalism.

      Now, go enjoy your paycheck. If you play the game right, you and your family could be enjoying another digit in your income.

  40. They already get royalites for blank audio CD's by Newer+Guy · · Score: 2

    Which is why theyr're so much more then regular CD roms. The radio station I work for uses audio CD's for archiving shows and commercials... The commercials have NO copyrighted music on them (we pay big bucks for our own custom created musical content for commercials) and any music that gets recorded is already covered by the station's blanket copyright (5% of GROSS revenues)yet we get taxed TWICE.... The music industry IS a CARTEL...who has managed to bribe congress into doing whatever they WANT them to do!

    1. Re:They already get royalites for blank audio CD's by Scooby+Snacks · · Score: 1

      I've found that regular data CD-ROMs work just fine for music, both in a computer and in a stand-alone CD player. These don't have the RIAA tax on them, as you know. I saw a pack of 100 on sale for ~$25 at my local Micro Center recently...

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    2. Re:They already get royalites for blank audio CD's by Dwonis · · Score: 2
      regular data CD-ROMs ... These don't have the RIAA tax on them

      *Sigh* They do in Canada. OTOH, at least we don't have a DMCA...

  41. Godwin's Law by MillionthMonkey · · Score: 2

    I dug around in Google's new USENET cache and found the first post of Godwin's Law.

  42. ENOUGH ALREADY by Anonymous Coward · · Score: 0

    It has come to a point where I can't fucking stand this fight/debate or freaking music! IT IS JUST MUSIC...yes to some it is art, others just don't give ratass.

  43. This is a perfect example of why... by jesser · · Score: 5, Insightful

    you should read your diffs before posting them.

    EXEMPTION.--Section 110(7) of title 17, United States Code, is amended--
    (1) by striking "(7)" and inserting "(7)(A)"
    (2) by striking "by a vending establishment" and inserting "or of a sound recording by digital audio transmission, by or in a physical vending establishment"...


    How is a congressman supposed to review this? Do you expect them to look up the context around every change? Legislators have many patches (excuse me, bills) to review, so you should help them out by using a --context or --unified switch in your diff command.

    If your bill is unreadable, the reviewer is less likely to catch bugs, accidental loopholes, or unintentional stray changes from another bill you were working on in the same tree. Of course, if the bill contains "accidental" loopholes and "unintentional" stray changes (note scare quotes), I suppose it makes sense to try obfuscate your bill, but don't whine when the reviewer says "please attach a unified diff".

    --
    The shareholder is always right.
    1. Re:This is a perfect example of why... by phoebus1553 · · Score: 0

      Actually, that's how pork gets in there. People throwing unrelated bills in to one that's steamrolling the competition so thier agenda's can get through.

      --
      ----- - The beatings will continue until morale improves
    2. Re:This is a perfect example of why... by cpt+kangarooski · · Score: 1

      I imagine they do it like everyone else does it -- they pull down a copy of a book like the USCA, or call up the same material online, and compare the two.

      Visualizing the complete law is not the hard part; determining the outcome is.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:This is a perfect example of why... by nmos · · Score: 1

      That's nothing, check out some of the appropraitions bills some time. You finally work your way through the entire bill only to find an ammendment like "Replace sections 7, 8, and 9 with the word "and"".

      Very frustrating.

    4. Re:This is a perfect example of why... by Anonymous Coward · · Score: 0

      Wow, I didn't realize that U.S. bill amendments were so terse, to the point of telling the reader to "strike out" single words! With Canadian federal bills, the entire old section is printed along with the new modified section. It at least provides enough context for the reader to know the change in meaning of the bill, as opposed to just the change in text.

  44. Thank Goodness by Anonymous Coward · · Score: 0

    Thank goodness they are thinking of charging those dreadful college radio stations. This should result in freeing up some more bandwidth for spam.

  45. Free market system? by Anonymous Coward · · Score: 0

    That's a sick perversion of what a "free market system" is. It's hardly a free market when any number of a hundred "artist's orginizations" may come out of the woodwork and forcibly take money from you at any time. A free market depends on CHOICE. REAL CHOICE. "If you don't like it, don't webcast" means that any arbitrary bureaucracy effectively has the right to blackmail you out of your business. To say that this take-it-or-leave-it approach is choice is a load of shit and nothing more.

  46. Hmm...karma through vulgarity... by Anonymous Coward · · Score: 0
    You know, all this time I've been trying to get my karma out of the negative territory with insightful and on-topic posts. Now I realize that with a cleverly crafted subject line and an accompanying body that is in line with anti-whatever (so as to sound like the bleating of a sheep) I can instantly get mod'ed "+1 interesting"!

    Here goes...

    Micosoft can polish my knob... (+1 Interesting)
    I wish someone would have the balls in congress to contradict the DOJ on the settlement. They'd get my vote

    Verisign can rim me after a meal of Cantonese sweet and sour squid (+1 Insightful)
    One day a body besides ICANN will take control of domain registration and give the internet back to the people. I'd transfer all my domains to them and give them money.

    I fuck the eye-sockets belonging to the mothers of patent-holders (+2 Insightful)
    People should not be able to patent business processes for which there are examples of prior art unless they relate to proprietary extensions of open-source software. Otherwise they are evil and will go to hell.

  47. Jet grind radioooooooo! by Anonymous Coward · · Score: 2, Informative

    if you like internet radio, take a look at this. Damn sweet:

    http://www.beosradio.com/tunetracker/

    The version 2 is in devellopment and should be released soon.

  48. Peer-to-Peer webcasting? by Jeremi · · Score: 4, Interesting
    That article got me thinking. Perhaps the nifty peer-to-peer technology behind Gnutella, Swarmcast, FreeNet, and etc. can be used to do for audio streaming the same things that it does for file sharing?


    In particular, I'm thinking of a system where anyone can broadcast audio (or even video) streams semi-anonymously. Listening nodes automatically forward the stream packets to each other, meaning that only the nodes directly adjacent to the source know who/where it is, and only those nodes use any of its bandwidth.


    Such a system could be as scalable as "real" radio, since the bandwidth available increases with the number of people listening, and it could be lawyer-resistant enough that the RIAA couldn't stop it (similar to how they haven't been able to stop mp3 file trading).


    Time to start coding I guess :^)

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
    1. Re:Peer-to-Peer webcasting? by javilon · · Score: 1

      A program could be written that just do the mixing with the dj's voice.

      Let me explain the idea:

      Given that many dj's have a repertoire of songs they play usually, and play them many times, what about caching the mp3s in your harddrive, and only get the dj's voice and mixing instructions from the webcast, only saving the mp3s the first time you listen to them.

      This would save a lot of bandwith, _and_ you end up with all the music you have been listening to cached on your hard drive.

      And it has got one more advantage. If you already have all the songs, you are getting only the dj's voice and _no_ music is exchanged, so no royalties can be asked for!

      --


      When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
    2. Re:Peer-to-Peer webcasting? by t_allardyce · · Score: 1

      But then you have to listen to the one or two songs that you hate aswell, plus, it will create jobs for more people to talk about shit all day, don't encourage them :)

      --
      This comment does not represent the views or opinions of the user.
    3. Re:Peer-to-Peer webcasting? by DarkProphet · · Score: 1

      Great idea, but I can see one big problem to overcome with a setup like this.

      How would you identify MP3's on your computer as matching the mixing instructions? ID3? Hah. I have somewhere in the vicinity of 1200 MP3s, and hardly any of them have correctly completed ID3 info (missing fields, incorrect information, etc). What about ID3v1 vs. ID3v2? Etc etc etc. It sounds good in theory, I'm not knocking your idea, but I can't see a very easy way to make it practical. Most likely you'd just end up with a bunch of MP3 duplicates, wasting bandwidth and hard drive space.

      Also, some people (like me) are picky about the bitrate of thier mp3's. I can't stand anything less than 192 kbps. Some folk might have higher tolerances. The only way you'd be able to serve content and appease the people would be to have very high quality MP3's on your server (320 kbps?), and cut down the bitrate for those who are willing to sacrifice quality for speed. I haven't used shoutcast or its bretheren much, so I don't know if this issue has already been worked out or not. It just seems to me that compressing (so to speak) the bitrate for speedy downloading would sure be processor intensive for the server.

      --
      What could possibly hurt the security of the American people more than giving our own government the ability to hide its
    4. Re:Peer-to-Peer webcasting? by Anonymous Coward · · Score: 0

      One thought about identifying MP3's would be to compare MD5 checksums, though that would only work assuming we're talking about the same bit-rate encoding (in fact, it would probably have to be assumed that the file came originally from the webcast for this to work, as different encoders can and will output slightly different versions of the same recording).

      And about people picky about bitrates, I believe that Ogg would be a better format for this type of project, as the bitrate scales better than your typical MP3 stream (or so I've heard).

      In any case, whatever the hurdles, it sounds like it would be an interesting project. Good luck.

  49. (OT)Want to mod articles? Wait for Kuro5hin by yerricde · · Score: 1

    But if we could browse articles at rejection levels, or we could browse articles through article moderation, like I suggested, these wouldn't even be issues

    In that case, you would love a Scoop site such as Adequacy or Kuro5hin (which WILL be back up by Monday).

    --
    Will I retire or break 10K?
  50. IP is not "property" and isn't subject to "theft" by yerricde · · Score: 4, Informative

    Slashdorks can agree with any politician as on as they support the theft of intellectual property

    The U.S. Constitution recognizes it not as a birthright but as a tool "to promote the progress of science and useful arts" (U.S. Const. 1.8.8) "Copyright" is a misnomer; it really should be "copyprivilege". The law doesn't recognize intellectual "property" as property at all, especially considering how it treats transfer of exclusive rights. Copying another's work isn't termed "theft" but merely "infringement" on a government-granted privilege. Besides, with enough storage space, I could generate and store every melody in the book or at least a melody confusingly similar to every melody in the book (thus killing practical trademark law).

    --
    Will I retire or break 10K?
  51. Diff visualization by yerricde · · Score: 1

    How is a congressman supposed to review this? Do you expect them to look up the context around every change? Legislators have many patches (excuse me, bills) to review, so you should help them out by using a --context or --unified switch in your diff command.

    Ever heard of a diff visualization tool? Those tools take a tree and a patch and line up the before and after versions side-by-side, highlighting the differences. How do you know your congresscritter isn't using one?

    --
    Will I retire or break 10K?
  52. Huge by JaBean · · Score: 1

    Huge... only in that someone representing us is actually representing us!

  53. Case against Dmitry Sklyarov dropped by pmc · · Score: 1, Redundant

    Although on peripherally relevant to the story (it is to do with the DMCA) I'm a little surprised that this has not had a story of it's own on slashdot yet.

    It's on The Register

  54. Re:first post by Anonymous Coward · · Score: 0

    Glad you found your spiritual center in Rotten.com Mr/Mrs. Troll.

    Now I introduce you to www.portalofevil.com. Once you have shown some depth I might introduce you to some really icky websites. May your feast of the Penis Bird be filling.

  55. New Laws to Protect Old Rights by Bob9113 · · Score: 2, Insightful

    From the bill summary:

    (2) for the owner of a phonorecord lawfully acquired by digital phonorecord delivery, or a copy lawfully acquired by digital transmission of a literary work embodied in that phonorecord, to make another phonorecord or copy of such works, if such new phonorecord or copy is for archival purposes only and that all archival phonorecords or copies are destroyed in the event that continued possession of the phonorecord or copy should cease to be rightful.

    Does anyone else find it disturbing that we have to pass more laws to protect established rights like fair use? Shouldn't fair use be able to defend itself? As a programmer, I believe in writing the minimal efficient code to achieve the objective. Why don't lawyers feel the same way?

    IMHO: because more laws means you need to pay more lawyers to understand your rights and duties. They're preserving and expanding the clan.

    1. Re:New Laws to Protect Old Rights by cpt+kangarooski · · Score: 3, Interesting

      Because 1) this isn't fair use. Fair use is well-defined, both in its original judicial form, and its more recent legislative embodiment, and doesn't cover this. And 2) because they are being efficient; something like fair use applies all across the board. Here they only want to carve out an exception for a particular class of works. Archival copies of books, for example, wouldn't be protected here.

      Law is really not all that complicated -- it's just that there's TONS of it. There need to be.

      Heck, I'm a law student, so let me ask you a question as a programmer: why don't we have OSes that can fit in a kilobyte of memory and be clear and plainly understandable, while not sacrificing any of the features or ease of use we want? Or are we stuck with it just having to be larger than that in order to get what we want out of it?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:New Laws to Protect Old Rights by Bob9113 · · Score: 1

      this isn't fair use. Fair use is well-defined, both in its original judicial form, and its more recent legislative embodiment, and doesn't cover this.

      Good info, I was not aware that fair use did not cover archival copies. Thank you.

      why don't we have OSes that can fit in a kilobyte of memory and be clear and plainly understandable, while not sacrificing any of the features or ease of use we want?

      Computer programs are written to be executed on computer processors. Laws are written to be executed in human powered courts. Computer processors cannot make intelligent interpretations of intent, so programs must exactly specify their full intent in advance. Laws are supposed to be guides whose intent is interpreted at runtime by the society in which they exist.

      The attempt to fully anticipate a computer users needs is difficult and rarely approaches 100% success. It is also unfortunately necessary, as most of us cannot reasonably afford a human secretary (the role typically filled by a computer). Computer programmers would love to leave exception handling to intelligent interpreters. This is the reason that the field of artificial intelligence is so heavily researched.

      Law has courts to handle exceptions. Those courts are comprised of legal experts and in some cases societal representatives (peers). Therefore, laws do not need to be as explicit as computer programs.

      I wrote this rather quickly and hope it is sufficiently clear. If not, feel free to contact me on bob at traxel dot com and I will explain in more detail.

    3. Re:New Laws to Protect Old Rights by cpt+kangarooski · · Score: 1

      Ideally, it would be great if the legislatures could pass broad laws and the courts could refine them. In practice it doesn't work all that well. Don't get me wrong: I love having a common law system, and I'm happy about the courts' role as interpretors.

      Nevertheless, if Congress has some specific intent in mind, they need to include that in their law, or at least make the legislative intent known in the Congressional Record. For example, the courts have found that mp3.com's music locker service was illegal because even if users can make their own mp3s, that doesn't allow other people to make the mp3s for them.

      If some Congressmen see this ruling, and say, that's not the idea at all, it's up to them to clarify their position for the benefit of the courts. Sort of a GIGO principle.

      Additionally, the courts are capable of arriving at inconsistant rulings, they're not really composed of technical experts (can you imagine hammering out zoning regulations and building codes solely in court?) and they are capable of, and often do, arrive at conclusions that aren't considered acceptable. (e.g. the common law prohibits survial tort claims)

      Both sides can be plenty boneheaded, and there's a real danger in over-legislating and constraining the courts. But in something like copyright, there are relatively few judicial exceptions carved out. Typically this lies with Congress.

      Believe me, people are very capable of acting like computer programs, and looking at the letter of a law, and not the spirit. When you've got something at stake, you just adopt the best argument you can, really. If one happens to be the correct one, it helps to know. Judges can't read the minds of Congress.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  56. Big deal.... by filtersweep · · Score: 3, Interesting

    "College Radio" ?? How many RIAA major label acts ARE there on "college radio" anyway?

    An artist on a truly indie label or an artist with self-released material receives no compensation for radio play anyway (and much of college radio consists of this type of material).

    The most ironic aspect of all is that we EASILY have the technology to track and pay the actual performers for either broadcast or webcast WITHOUT pooling the money the way the present system operates. We can arguably track even the number of LISTENERS of webcasts.

    Perhaps this scenario will further a movement to create truly independent mechanisms for distributing and compensating artists/labels for material... that an alternative system will develop (that isn't ASCAP, BMI, RIAA, etc...). I doubt major label artists would feel much pain by NOT being included in college radio.

    --


    Those that suggest you "dance like no one is watching" really want to see you make a complete fool of yourself.
  57. Fair my ass... by Anonymous Coward · · Score: 1, Informative

    This isn't just about fees, it's about performer fees, as opposed to songwriter fees that are already paid.

    Under long-standing U.S. copyright law, broadcasters pay a coalition of songwriters' groups to air music over the Internet and the airwaves. But until the DMCA, performers and record companies did not have the rights to royalties when stations played their music. As part of the 1998 law, Congress allowed performers and record companies to start collecting fees on songs sent over the web, said Joel Willer, a mass communications professor at the University of Louisiana at Monroe. There are still no performer fees for regular airwave broadcasts.

    If airwave broadcasters don't have to pay, why should webcasters? How many people do you know are converting their audio stream to mp3s?

    The RIAA wants as much as they can grab with both hands, and if we could pass some decent campaign finance reform, maybe some of the corporate suck-ups in Washington would have the balls to stand up to them.

  58. only in Utah by Anonymous Coward · · Score: 0

    As a native Utahn, who is in the wrong district to have the satisfaction of voting against Cannon, I can tell you that this guy is a Fucking Moron. He consistanly stands for anything that protects the interests of Big Business or the Mormon Church (same thing, actually)

  59. Free market? Hah! by PenguiN42 · · Score: 1

    our free market system

    The second you introduce intellectual property laws into the mix, you no longer have a completely free market in any useful sense of the word. IP laws create some of the most artificial and arbitrary situations one could think of in economics.

    Course I don't believe in the old maxim that "free market will solve all problems" anyway -- but the point is that if one doesn't even have a free market to begin with, then all cries that we should just leave business alone are moot.

    --
    The following sentence is true. The preceding sentence was false.
    1. Re:Free market? Hah! by Anonymous Coward · · Score: 0

      Actually without protection of intellectual property, there can be no free market, well unless the ecomony is purly resource based. Intellectual property is required for development, without the ability to own ideas, there is no room for development, only production. Good arts and music would be far harder to come by, especially to the general public.

  60. Rick Boucher by The+Ape+With+No+Name · · Score: 2

    I worked for him on his campaigns in the late 80s/early 90s when I was in college. An excellent being as humans go, and really, really up on tech issues for a Beltway guy. Always has a firm grasp of the people side of issues as well as the numbers and ideologies.

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
  61. Last Thursday by kievit · · Score: 1
    It was on Slashdot, see here.

  62. Re:IP is not "property" and isn't subject to "thef by Anonymous Coward · · Score: 0

    Well *most* people wouldn't argue that if you make something (CREATE) with your hands i.e. chair, painting, statue. That you shouldn't have the opportunity to benifit from what you've made. Theft takes away that opportunity.When the product of the same mind is an *intangible* theft is considered ok. "Oh he/she has a copy, they're not deprived". But the *opportunity* to benifit from what they've created is dimminished. This is a basic tenet of a social society. Imagine a society were one never had such an opportunity, and what one created intangible or otherwise was taken away without any benifit to oneself. History that not only is such a society short-lived, it's also contrary to human nature.

  63. Why the RIAA and DiMA has a problem with this bill by Demonbird · · Score: 1

    The proposed bill doesn't real help anyone, and it's not changing the way the fees are done, but the RIAA and DiMA still have a problem with it. The reason why is fairly simple - Cannon's proposal is more limited than than the current language. It signifgently changes what they are going to be able to claim as a "vending establishment."

    Ten or twenty years from now, when some new method of music transfer becomes popular, the RIAA is going to have to get new legislation passed before they can get thier claws on it. Their opposition to this bill is effectively saying "Come on, just give us the control NOW, ok?"

  64. Webcasting vs. SW transmission by KC7GR · · Score: 1

    As a hamateur radio person and SWL (short-wave listener), I have mixed feelings about webcasting. Sure, it's a great way to let those who don't have an appropriate HF receiver and long-wire antenna pick up the distant stations, but (as others have pointed out) there are bandwidth considerations to think about.

    I've listened to more than a couple of canned webcasts from npr.org. Even with a high-bandwidth connection (DSL with 512K down), during the middle of the day on a summer weekend or near midnight in the middle of the week, I still got a lot of dropouts and pauses.

    In the end, the result was little different from tuning into live BBC broadcasts on one of my HF receivers. Worse, in fact, because I found that I couldn't really do much else with my bandwidth while the stream was downloading (in all fairness, I get the same effect when I'm downloading big files).

    I guess what I'm asking is: Would anyone really miss webcasting if it got reduced in scope, or even went away altogether? If the college stations mentioned still want to reach a larger audience, is there not some way for them to, perhaps, share the existing HF broadcast frequencies with our overseas neighbors?

    Just a thought. Might not even be worth much, but I thought I'd ramble a bit...

    --

    Bruce Lane, KC7GR,

    Blue Feather Technologies

    1. Re:Webcasting vs. SW transmission by hearingaid · · Score: 2

      Well, I have DSL with 1024K down, and I can listen to streams quite effectively: although I usually have to pick something rather a bit smaller than the size of my pipe would suggest, due to router distance. For example, I usually listen to Tag's Trance somewhere around 128K or so.

      I would be very upset if I had to give it up. Fortunately, all the college radio stations I listen to are Canadian, but if Tag's Trance went offline I would be unamused.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    2. Re:Webcasting vs. SW transmission by Dwonis · · Score: 2
      The bandwidth needed for webcasting will be irrelevent once IPv6 (i.e. mandatory multicasting support) becomes mainstream.

      IPv6. Bug your ISP for it today.

  65. off topic? by Anonymous Coward · · Score: 0

    Uh, like are you sure they arn't just monitoring /. readers cuz we are real cool and like the smartest and greetest poeple history has ever beheld?

  66. backup music purchased and use MP3 device? by evilpaul13 · · Score: 1

    Check out "`SEC. 117. LIMITATIONS ON EXCLUSIVE RIGHTS: COMPUTER PROGRAMS AND DIGITAL COPIES.'"

    Specifically subsection d and e, it is making explicitly legal to use MP3 playback devices, and to make a backup copy of any music you purchase. This sounds like intelligent legislation. Did SETI find something?

  67. BUT they don't work in audio CD recorders. by Newer+Guy · · Score: 1

    Those devices only work with the audio (taxed) CD's These CD's have a defective pit somewhere on the disk that the player knows to look for. No bit...no record.

  68. So can I finally sell downloads? by lawson08 · · Score: 1

    Since 1998 or so, I've been developing a website where people can buy downloads of Christian music. Up until now, I could only use independent, 'unsigned' bands and get their permission directly, and negotiate payments with them directly. Will this new law allow me to finally pay Word ten cents or so of royalties and charge users .25 per download of Michael W Smith and Amy Grant songs? That would be cool. Basically, I am unclear as to whether this law includes statutory licensing for sales of downloads, or if it's only for 'performances' (webcasting). If there's no statutory license for duplication, then it won't really help much, as the record companies will NEVER voluntarily grant one. Can anyone clear this up for me?

  69. "Depriving" of an "opportunity" is theft? by nyet · · Score: 2

    Now you are on thin ice. I see an opportunity to profit from robbing a bank. You stop me. Can I sue you for stealing from me?

  70. Oh, you beautiful thing, by Anonymous Coward · · Score: 0

    I kiss you!