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Broadcasters Appeal Royalty Ruling

tanveer1979 pointed out this story, but his summary of it wasn't much good. :) According to Reuters and Kurthanson.com, broadcasters (regular radio stations, not webcasters) are appealing a year-old ruling which would require them to make the same royalty payments for webcasting that webcast-only stations have to make. They're arguing that Congress intended the royalty payments to apply only to internet services which allow one to pick what music one receives - if the listener is force-fed a stream, like regular radio, Congress didn't intend for the royalty payments to apply.

56 of 156 comments (clear)

  1. Good luck.. by FreeLinux · · Score: 2

    I always thought that this particular law was garbage but, it passed anyway.

    But, the radio broadcasters arguement to try to get out of it is so lame even I am not impressed.

    1. Re:Good luck.. by edrugtrader · · Score: 2

      i am actually very impressed... the 'force fed' idea of music distribution is what the RIAA likes and will support. i however don't believe that they intended the law just for 'pick your own' online radio stations, rather online radio stations with no transmitter counterpart.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:Good luck.. by uncoveror · · Score: 2

      The broadcasting and recording industries have both stopped giving us any music worth listening to, and now are trying to push congress in opposite directions. It's a shame congress listens to either of them. If Clear channel, and the big recording labels end up destroying each other, it might be a victory for music fans. Boycott the recording industry.and Boycott Clear Channel.

      --
      The Uncoveror: It's the real news.
    3. Re:Good luck.. by Archfeld · · Score: 2

      How is this different from a streaming net radio station, I get what they stream or I try another station. I can also make requests via a realtime device similar in function to a phone, again, how is this different from radio ?

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  2. good luck........ by dciman · · Score: 5, Insightful

    I wish these guys the best. But I seriously doubt they have much chance of changing the ruling. I fear the RIAA and big business has too strong a hold on the key parties in congress for them to be able to make much head way. It is really sad that the RIAA seeks to have such a strangle hold on every possible outlet for media. Which of course means one thing...support your local independent music scene!!!

    1. Re:good luck........ by HowlinMad · · Score: 2, Funny

      Which of course means one thing...support your local independent music scene!!!

      yea, so they can get noticed, make it big, be signed to a record deal and then have their music restricted....

    2. Re:good luck........ by afidel · · Score: 3, Interesting

      Well since Clearchannel seems to always get what they want when it comes to congress and they are against the fees I would guess that it will be a tough battle. Since there is popular support for killing the fees it may happen as we are aproaching an election cycle and a combination of big $ from clearchannel and popular setiment are both things congresscritters look for at that time.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    3. Re:good luck........ by phriedom · · Score: 2

      I appreciate your cynicism, but I fail to see any connection between me buying a CD from a local band, and them signing a record label contract. In fact, if enough people buy music direct from the band, say over some vast public data network, perhaps bands won't need major labels at all. Hey look, there is a data network right here.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    4. Re:good luck........ by Stonehand · · Score: 2

      That's a big if, given that people who could /buy/ music off a data network could probably also find lots of /free/ music, legit or no, off another data network, which may or may not be just as good, but will in any event consume time "trying" that could have been spent "buying". Plus, some people might not want to buy if they get no "extras" like artwork, et al.

      --
      Only the dead have seen the end of war.
    5. Re:good luck........ by Pxtl · · Score: 2

      I've found most of the indy bands I've bought CD's from still go the extra mile to get album art and inserts. They might be shoddy quality, but there almost always there. Sometimes damn cool too.

    6. Re:good luck........ by Saxerman · · Score: 2, Interesting
      It is really sad that the RIAA seeks to have such a strangle hold on every possible outlet for media.

      I think the hypocrisy of the RIAA is even more sad. From the Reuters article: "Rather than seek special treatment from the courts, we encourage the broadcasters to work with the labels and artists as our industries transition into new businesses," said Steven Marks, a senior vice president at the RIAA.

      Gosh, that's funny. That's exactly what I RIAA to do too. Stop spending time and money on legislation to protect your profit and come up with a product and price scheme that people actually want to pay.

      --

      A steaming cup of soykaf would be real wiz right now.

  3. Cue Nelson by PinkStainlessTail · · Score: 5, Insightful

    and broadcast giants like Clear Channel Communications Inc. would be on the hook for 70 cents for each song played to an audience of 1,000 listeners.

    Would this be a textbook example of an "unintended consequence?"

    --
    "Slashdot is about legos and staplers." -Cmdr. Taco
  4. I hope they lose by CableModemSniper · · Score: 4, Insightful

    On the one hand the law makes life difficult for teh webcasters so maybe the law itslef needs to be looked at. But if IRL radio stations get special treatment just because they happen to be IRL radio stations, thats just wrong. Suck it up and take your lumps like everybuddy else. Hopefully the stations will begin to realize how dangerous the RIAA is when it starts cutting into their profits. The more infighting the better.

    --
    Why not fork?
    1. Re:I hope they lose by WEFUNK · · Score: 3, Interesting

      While we're hoping for things, I hope they BOTH lose and that consumers and independent webcasters and artists win. Actually, I also hope they both WIN, but only on the points that benefit consumers.

      Unlikely I know, but when you have big money (Music) against big money (Radio) things start to get interesting and not so clear cut. Both sides will invest a lot of money to offer up compeling arguments for their side and against the other side. This is the ideal time for the little guy to come in and offer the wisdom of Solomon, selectively using the arguments of both parties to point out a rational compromise that benefits the end user and appeals to common sense.

      Just a dream? Maybe. But there is a finite likelihood that a judge or lawmakers will propose a compromise. Since we agree with some of the arguments from both sides, why not lobby to ensure that the compromise is split to the consumers benefit? Also, this approach provides the politician or judge attractive rationale to justify what might otherwise be an arbitrary solution.

      --
      My next sig will be ready soon, but friends can beat the rush!
  5. I hope the ability to "save" isn't the only point by dave_mcmillen · · Score: 5, Insightful

    From the article (Reuters): "But Congress intended the law to apply only to services that would enable users to select and download songs, not online radio-style broadcasts that do not allow users to save songs, the broadcasters said in their appeal." [emphasis added]

    If the ability to "save songs" is the main issue, there could be trouble if somebody realizes how easy it is to record streamed audio. Just click your favourite "record directly from the sound card" application, and there you are: a nice sound file containing the song you want.

    Of course, you can do this with real radio broadcasts, too, but everyone's decision-making abilities go haywire as soon as the word "digital" enters the debate: the streamed version would yield a DIGITAL copy of the song in question, and is therefore evil and scary.

    But here's hoping the broadcasters win. It would be great news for webcasters: just eliminate choice, the way God intended, and you're allowed to broadcast over the Web for free!

  6. Possible Bad Consequences.... by Dark+Nexus · · Score: 2, Interesting

    If they lose, well, that goes without saying what would be bad about that.

    But if they win, it could put a real squeeze on webcast-only stations.

    At the moment, they've been lumped in with traditional stations that simulcast, in a kind of middle ground.

    If this goes through, it could split that middle ground, sending the traditional stations back to where they used to be (a good thing), but send the webcasters further into the perverbial abyss of royalty payments.

    --
    Dark Nexus
    "Sanity is calming, but madness is more interesting."
  7. not only the money by billybobSDK · · Score: 5, Insightful

    Money is not only the only issue here. A big portion of the law requires radio stations to keep an unreasonable amount of records regarding the number of listeners at any given time, all kinds of information about the song. This alone would crush the independent (college etc.) radio stations that simply cannot afford to implement the infrastructure. What is happening is that independent stations will forced out of the market, while the big boys who can afford the equipment will serve to further homogenize American music.

    1. Re:not only the money by kasperd · · Score: 2, Insightful

      keep an unreasonable amount of records regarding the number of listeners

      I wouldn't claim to know the law in question, so I don't know if it applies to radio on the net as well as radio on the air. But obviously generating such records for radio on the air is practically impossible, while it would be fairly easy to get reasonable estimates for radio casted over the net.

      --

      Do you care about the security of your wireless mouse?
    2. Re:not only the money by ONOIML8 · · Score: 2

      Actually it is not impossible to generate those records for RF broadcasters. For many years they have been required to keep station logs. One of the things they log is every song played.

      In the old days, when my father ran a radio station, they would simply write down the artist and song on the log sheet as they cued the record. Oh, and the records were provided free of charge by the music companies as part of the service. These days the music comes in electronic form and is logged just as it would be for an internet broadcaster.

      Those logs are then used to calculate how much money the station needs to pay the music service. If I remember correctly the pricing wasn't the same for all songs. Certain songs ("hits") cost the station more but that is ok because the theory is that the more hits you play the more listeners you have. The more listeners you have the more advertising you sell and the better the bottom line.

      This is one reason that college stations and the like don't play popular music. The stuff they play doesn't get much airplay so it's supposed to be cheap or free.

      At least that's the way I remember it, and I do know that generating the records has become easier.

      --
      . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
    3. Re:not only the money by autechre · · Score: 3, Interesting


      Non-profit radio stations (such as college radio) pay a set fee to ASCAP, BMI, and SESAC every year for the right to broadcast works by their artists. AFAIK, BMI is the only one which requires you to submit log sheets (randomly selected 3 days' worth, once a year).

      Almost all college radio stations submit at least their weekly top 30 songs to the College Music Journal, because if you're not listed in there, labels and distributors (for very small labels) are far less likely to send you music (and posters, and Weezer pocket protectors, and...).

      The parent post is correct: it's mainly the logging requirements that will be the issue. Crap like requiring a "unique identifier" and the listener's time zone means that you can't have a directory like shoutcast where people just click on the streams and listen; you've got to get them to fill out forms at your site EVERY TIME. This is terrible, and wrong; even if we're going with the "pay per listener per song" crud, as long as I dutifully keep track of the time period each listener tuned in, I shouldn't have to say anything else. That's a strain on the listener and the station, and an invasion of the listener's privacy.

      I plan on writing (Free) software to do whatever it takes to stay around (see my .sig!), but I sure hope it gets easier than what the RIAA has proposed.

      --
      WMBC freeform/independent online radio.
  8. small broadcasters... by simpl3x · · Score: 4, Insightful

    unfortunately, this law pretty much kills local/college/independent webcasting, and leaves the the crap from regular radio with a monopoly. the web could provide some really interesting stuff down the road, particularly with wireless capabilities in cell phones. stream'n web broadcasts through your web enabled phone, mmm!

    and clear channel is not exactly a pussycat!

  9. What you guys are missing ... by JoeBuck · · Score: 4, Insightful

    ... is that the radio stations' argument, that "Congress intended the law to apply only to services that would enable users to select and download songs, not online radio-style broadcasts that do not allow users to save songs", if it prevails, would eliminate the payments not only for radio stations, but for net-only streaming services, as long as it's a stream where the program director or DJ, not the individual listener, chooses the songs to play. Nowhere are they saying that they deserve special rights because they have an FCC license to broadcast on the radio. It is the RIAA spokesman who is saying that the radio stations are seeking "special treatment".

    Given this, I don't understand the objections I'm seeing here.

    1. Re:What you guys are missing ... by Dr_LHA · · Score: 4, Insightful

      Typically, I use webcasted music to be exposed to new bands and genres, and I don't see how the music industry could be opposed to that. Sheesh.

      Because at the moment webcasting represents a level playing field in terms of what gets played. This means that the big record companies (lets face it the RIAA are not looking after the interests of small indie labels - only the Sonys of this world) can't control what you listen to.

      The result is: You start buying stuff from small labels intent on quality and rewarding the artists. Sales on major labels go down. Anarchy and/or Communism ensues.

  10. Re:good luck........ Judicial vs. Congressional by perrin5 · · Score: 2, Interesting

    umm, not to be fussy, but I would like to point out that an appeal is usually heard before the JUDICIAL branch, and the only time the RIAA is going to be able to "lobby" is when their legal team is on the floor.

    Personally, I believe that they might just get it thrown out, as selective enforcement, but the issue is really what the "intent" of the law was. The danger of my "stealing" a song from streaming audio is about the same as my stealing it off the radio.

    I'd love to see the lawyers say something like this: "It doesn't matter whether they _could_ copy it from our stream, because they are FAR more likely to copy it from kazaa" and watch the RIAA's head explode.

    --
    hmmmm?
  11. darned if you do, darned if you don't by MarvinMouse · · Score: 4, Insightful

    Well, here's an interesting catch-22.

    If CCU gets the rights to broadcast online without paying the fees, then it looks really bad for everyone involved because it'll look like congress and the big corps are all scratching eachother's backs. As well, the recording companies will raise more hell because they won't be getting all of the money they feel they deserve.

    If CCU doesn't get the rights to broadcast online without paying the fees, then CCU will raise all hell, because they already broadcast for minimal fees over radiowaves. Plus, having a media conglomerate mad at you isn't a good way to win elections, I think the politicians have found.

    This situation, if resolved, will be resolved totally behind closed doors I think, because short of repealing the law altogether, the only solution will leave everyone with egg on their faces.

    Just a really interesting catch-22 when laws aren't thought through completely.

    --
    ~ kjrose
  12. Biggest Winners by faithfriends · · Score: 3, Insightful

    Its ironic the biggest winner is generally keeping its mouth shut. The behemoth AOL Time Warner is keeping its mouth shut, it stands to be a huge winner on both sides of the battle. AOL will continue charging consumers and taking out of one pocket to pay the record companies in the other pocket. It gets to easily eliminate smaller competitors through "legislation" while consumers lose out in the end.

    Jeremy
    http://www.faithfriends.com

  13. slogan by tps12 · · Score: 3, Funny

    I propose a new anti-royalty slogan: "In 1776 we fought to rid America of royalty. Let's not bring it back." It uses the two definitions of "royalty" to add humor to the message, which is that royalties are unamerican. Thoughts?

    --

    Karma: Good (despite my invention of the Karma: sig)
  14. Re:I hope the ability to "save" isn't the only poi by Spy4MS · · Score: 3, Insightful

    It's still easier to use Streambox Ripper to grab the link and record the stream, rather than the audio. That way you get a copy that is exactly as good as the one that got streamed.

    There's currently no way to prevent stream rippers from saving songs. Even with a lot of fancy Javascript hiding the stream's URL, you can get it through a packet sniff of the http request.

  15. Don't bite a hand that feeds you. by $criptah · · Score: 2, Insightful


    I still don't understand why RIAA is so anti-radio. Okay, I do understand that they try to protect the authors and collect fees, but without the radio (any form, radio, webcast, etc.) nobody will hear the music. I would not buy music that I haven't heard. Would you? If they want to profit, they must give up their law suits and let radio and webcasters play whatever they want. That's how people hear the music and then buy it. People tend to buy what they like, and I do not think that all the past law suits against radio stations made associations like RIAA and people behind it very popular. Tag's Trance and other small webstations were closed as a result of their actions and that makes me want to stay away from buying music.


    P.S.: and if your music doesn't sell, well the problem is not with the people who listen or broadcast it.

    1. Re:Don't bite a hand that feeds you. by Stonehand · · Score: 2

      People buy books they know little about, from authors they've never read. People go to see movies that they've never read reviews for. People preorder computer games (for much more than a music CD, generally) long before the games are complete and without ever seeing a demo...

      Music and television are, perhaps, the two major entertainment segments where people can almost always easily and so completely(*) "try before they buy", and that's only possible because the content creators get paid for the broadcast already (in the form of royalties, ad revenue, et al).

      (*) Compared to, say, demos, short test drives, a walking tour through a house... if you hear a song on a radio, you've heard the /complete/ song.

      --
      Only the dead have seen the end of war.
  16. What about requests? by Zathrus · · Score: 2

    So, assuming this appeal is accepted and you can webcast for free as long as you don't take playlists, what then happens to requests? Can a DJ take a request from a caller and play it over the air and simulcast it over the web? What about picklists on web sites (radio station has a list of their 40 "top" songs, pick and click to request it be played for the 3rd time this hour)?

    Welcome to the murk.

    I have to side against this appeal... if only because maybe then the radio broadcasters will fight for something vaguely resembling reasonable tariffs. In a purely self-centered way, it doesn't affect me since I don't listen to webcasts anyway. But, on the whole, I think that slapping down the RIAA and getting reasonable tariffs put into place is the Right Thing anyway.

    1. Re:What about requests? by Enry · · Score: 2

      Some radio stations will requests, then air the request just as the song shows up on the playlist.

      Not sure about all-request shows though.

  17. Not so fast, Joe by JoeShmoe · · Score: 3, Informative

    No, what you are missing is that radio stations are saying that the NAB fees they are already paying should cover them regardless of the transition method (radio or Internet)...which makes sense.

    So in a sense, the radio stations say they don't want to be charged twice for the same thing. The FCC license only gives them permission to be on the air, it doesn't have anything to do with what they can play on the air. If it wasn't for the NAB, radio stations would be pretty bleak (probably just all talk shows).

    So webcasters are still screwed. Even if the radio stations succeed and get the precident set that stream-only radio-style webcasting doesn't get charged an additional fee...there is still the problem that webcasters can't join the NAB and pay a general royalty tax to gain a compulsary license.

    A silver lining this is not...

    - JoeShmoe

    .

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  18. No, the NAB wants special treatment for radio by Animats · · Score: 5, Informative
    The National Association of Broadcasters is asking for special treatment for Internet transmissions by "FCC-licensed broadcast stations". In the NAB's words:
    • Summary of Argument:
      AM/FM streaming -- the Internet transmission by an FCC-licensed radio broadcaster of the program fare offered by such broadcaster pursuant to its FCC license -- constitutes a "nonsubscription broadcast transmission" within the meaning of Section 114(d)(1)(A) of the Copyright Act, and thereby is exempt from the limited performance right in sound recordings conferred by Section 106(6) of the Act.

      ...

      While there is thus no need to resort to legislative history, that legislative history nevertheless confirms the plain language construction of the "nonsubscription broadcast transmission" exemption, and demonstrates that Congress did not intend to impose sound recording public performance copyright liability upon FCC-licensed terrestrial broadcasters that simultaneously stream their radio programming to listeners via the Internet.

    So the NAB does want a special deal for FCC-licensed radio broadcasters. Internet-only webcasters would not benefit from this deal. Nor will they benefit if the NAB wins this lawsuit. Read the filing.
  19. Hobbling the competition is the point by FaithAndReason · · Score: 4, Informative

    Way back in 1995, the NAB and RIAA already began to realize that the Internet might be a threat to their established business. (Hey, they may be greedy, but they're not stupid!) So, they did what you might expect an established American business to do: they bought a law to protect themselves against competition, the DPRA (cool - another 4-letter acronym to hate!)
    According the NAB's own words in the linked "summary" posting, p.4:

    The impetus for the legislation was concerns of the recording industry that certain emerging businesses enabled by developing digital transmission technologies might provide music transmissions of such nature and quality as would displace record sales.

    This little gem of a quote is part of the NAB's appeal document! The NAB/RIAA does not even attempt to hide the fact that the purpose of the DPRA was specifically to target select-and-download services and prop up "no-choice" broadcasting.

    Unfortunately for them, the US Copyright Office refused to play along, and decided that all Internet streams would be charged similarly. So, they're understandably upset that the law they bought and paid for isn't protecting them as well as they'd like. (Some days, even a CongressCritter is a lousy investment...)

    Unfortunately for the rest of us, the law was clearly intended to exempt them from royalties, so they'll probably get a "clarification" buried deep within the next huge steaming pile of legislation regarding the Office of Homeland Security or whatever.

    As to those who have posted "hey, Congress won't do that -- it will make it way too obvious that they're supporting the fat cats in the RIAA!": what color is the sky in the world where you live (and how can I get there?)

    1. Re:Hobbling the competition is the point by mpe · · Score: 2

      Unfortunately for them, the US Copyright Office refused to play along, and decided that all Internet streams would be charged similarly. So, they're understandably upset that the law they bought and paid for isn't protecting them as well as they'd like.

      Hardly the first example of winding up "hoist by their own petard" when lobbying for/buying a law.

  20. Not what it could have been by A+nonymous+Coward · · Score: 2

    Didn't the BBC get in trouble earlier this year by deciding to not carry some broadcast of some royal happening? I thought maybe this was the typical late slashdot news.

  21. Mod parent up by drew_kime · · Score: 2

    Dude, sign in. Someone might hear the great point you just made.

    --
    Nope, no sig
  22. What exactly are the fees today? by TheFlu · · Score: 2

    Can anyone detail for me exactly what the fees are today? I run a small station with a handful of loyal listeners and if the fees are very small, I'm not opposed to paying them.

    Who exactly gets the fees? Where do I send the money? And should I even bother with it when I only have a few listeners? Are there any other fees besides the .02 cents per song listed on this page?

    If I pay these fees can I pretty much stream any music I want to no matter what?

  23. You know what? Break the laws! by vmalloc_ · · Score: 2, Interesting

    I think the Slashdot community should start practicing a little bit of civil disobedience. Refuse to pay the fines, and broadcast over the web anyways. There are at least several thousand web radio services out there, if somebody wanted to enforce the law, they would have another DE-CSS or Gnutella on their hands.. They could try to shut down sites, but inevitably fail, and cause a huge uprising amongst the online community, and probably most of the offline as well. Any and all lawsuits involving money will eventually crumble, because it's hard to call a nerdy kid in his parent's basement an evil cybercriminal for simply playing back music. Also, good luck trying to get any money out of him.

    If you don't agree with the laws & regulations, don't abide by them. Take some risks. I mean, I'm not going around saying we should start torching the RIAA building with molotov cocktails or anything, but when stupid stuff like webcaster royalties comes up, complain about it and broadcast anyways.

    You guys need to get more guts. We've been fighting corporate radio with no-license pirate radio for years.. they send MARSHALS to bust those places, for god sakes! Saying you disagree with something is important, but you're not making any progress until you start being an activist, too. The big wigs that create things like webcaster royalties don't talk, they ACT. You need to start acting too, or they're just going to trample on your rights while you sit there saying "Well I don't agree with this.."

  24. I work in the radio industry.... by Newer+Guy · · Score: 3, Insightful

    I used to work for "the evil empire (AKA Clear Channel)", at their Internet portal station Worldclassrock.com. They had intended to run all their net stations as regular radio stations with one single exception: the ability to click on the title and buy the record online. Seems to me that this would benefit the RIAA, not hurt it.
    At the time we ran about 12 different streams, only three of them approaching FM quality. Those three streams (64K Win Media, 64K Real G2, 96K Real G2) were constantly rebuffering even on big pipe broadband connections.
    I'll tell you this with certainty: making a good quality recording with real time streaming is almost impossible. There's simply too many interruptions to the stream! I think the reason downloading music files is so popular is that they don't happen in real time so the resultant file has time to become complete.
    Once again the RIAA has proven to the world how purely dumb they are.

  25. CCU won't pay by martissimo · · Score: 2

    At least it's not very likely.

    If you listen to the May 22'nd broadcast of the Diane Rehm show (crappy RM format though), the recording industry's representative makes it very clear that the rates agreed upon will only be used as a base... and that they will be happy to lower rates (even possibly to nothing besides ASCAP/BMI)... for the webcasters who play the music they like, and want promoted.

    I'm sure CCU will get a sweetheart deal, and it wont really take a suspicious looking law to do it, just a lil handhsake with Rosen.

  26. a reply from nancy pelosi by petong · · Score: 3, Informative

    this is a reply I received from Nancy Pelosi after writing her regarding the CARP proposal:

    Thank you for contacting me with your concerns about the Digital
    Millennium Copyright Act (DMCA) and the royalty fees for webcasters that
    were recommended by the Copyright Arbitration Royalty Panel (CARP). I
    appreciate hearing from you.

    As you know, on February 20, 2002, CARP released its recommended royalty
    fees for webcasters. The rate for Internet transmissions and for
    retransmission of a performance in an AM/FM radio broadcast was
    recommended to be set at $.14 per performance. On May 21, 2002, the
    Librarian of Congress issued an order rejecting the CARP recommendation,
    and on June 20, 2002 the Librarian of Congress set the rates at $.07 per
    performance. Rates for noncommercial broadcasters as well as the fee
    webcasters and broadcasters must pay for the making of ephemeral
    recordings were decreased from the CARP recommendation.

    When Congress passed DMCA, our intention was that artists and copyright
    holders be fairly paid for commercial uses of their work, while webcasters
    though the Internet would be able to provide competitive programming of
    value to consumers. Congress intended the statutory license process to be
    fair and efficient, so that the webcast industry could be free of legal
    uncertainty, grow quickly and pay creators increasing amounts as the
    industry developed.

    As these rates go into effect for webcasters, please be assured that I
    will be watching this issue carefully. Thank you again for taking the
    time to express your views on this important subject. I hope you will
    continue to communicate with me on matters of concern to you.

    Sincerely,

    Nancy Pelosi
    Member of Congress

    1. Re:a reply from nancy pelosi by Amazing+Quantum+Man · · Score: 5, Insightful
      In other words,
      Dear Constituent,

      I've been bought and paid for, but I'll pretend to lend a sympathetic ear.

      Tough luck, Sucker.

      Love, Your CongressCritter
      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    2. Re:a reply from nancy pelosi by herbierobinson · · Score: 2

      Notice that she got the rates wrong by two orders of magnitude....

      --
      An engineer who ran for Congress. http://herbrobinson.us
  27. Re:I hope the ability to "save" isn't the only poi by EllisDees · · Score: 2

    Or just use xmms and select 'save stream'. ;)

    --
    -- Give me ambiguity or give me something else!
  28. So the trick for a Webcaster would be ... by wytcld · · Score: 2

    So the trick for a Webcaster would be to also be an "FCC-licensed radio broadcaster," which means all the college stations could Webcast. It also brings in the issue of what the minimum cost is to become FCC-licensed. Are there HAM licenses that allow for music broadcasts?

    --
    "with their freedom lost all virtue lose" - Milton
    1. Re:So the trick for a Webcaster would be ... by Kwil · · Score: 2

      Actually.. if you go non-commercial, you can pick up an Amateur Vanity License for $12.00, with no renewal fee required.

      At least, that's what I read on page 19 of your second link. Is there any requirement that if you have an Amateur License you actually have to be broadcasting on the radio waves? I think paying 12.00 to be exempt from the 'webcasting' fees requirement is probably a good deal.

      The question is, does the Amateur Vanity qualify for the exemption the NAB is looking for?

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  29. Re:good luck........ Judicial vs. Congressional by monkeydo · · Score: 3, Insightful

    The danger of my "stealing" a song from streaming audio is about the same as my stealing it off the radio.

    The likelyhood, or the dificulty may be the same, but the danger certainly is not. If you record the song from a digital stream you have a same generation copy that you can distribute ad infinitum with no loss of quality.

    Nobody really cares if you tape the radio and share the tapes with your friends. They do care if you make perfect copies and share them with the world on the Internet.

    --
    Si vis pacem, para bellum
    The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  30. Or both: anarcho-communism! by commodoresloat · · Score: 2

    Seriously though this is what is such bullshit. I'm all for laws protecting legitimate intellectual property rights. But the law in question is not about that at all; it's about protecting a business model against competition. These freakin' armchair capitalists hide behind free market ideology to justify their actions, and yet they have the government step in to squash their competition.

  31. Re:I hope the ability to "save" isn't the only poi by Rasta+Prefect · · Score: 2
    If the ability to "save songs" is the main issue, there could be trouble if somebody realizes how easy it is to record streamed audio. Just click your favourite "record directly from the sound card" application, and there you are: a nice sound file containing the song you want.

    As opposed to the technical challenges involved in dropping a Cassette in your tapedeck and pushing "record"?

    --
    Why?
  32. Re:Lines by Steve+G+Swine · · Score: 2
    There is no extent to which Slashdot readers will not go to defend their right to receive something for free.
    s/defend/write about/
    --
    "Consider yourself a member of a virtual corporation with Mr. Torvalds as your Chief Executive Officer." - Linux Advocac
  33. I know what I'm missing. by twitter · · Score: 2
    Given this, I don't understand the objections I'm seeing here.

    Quick summary of RIAA/NAB position, "Give us a break, because we suck. Those other guys offerd you the ability to chose what you wanted and that hurt our sales, so we crushed them. Now let us further wreck the digital media by eliminating choice there too."

    What I'm missing is choice in the music I'm exposed to. It's not on the radio, and it's hard to find legitimatly from the internet these days. MP3.com is owned and other services have been shut down or are being poluted with crap. I have to go out of my way to hear anything but 40 year old recorded crap here in Baton Rouge. Oh yeah, NPR, the voice of the community is helping out. Thanks, Big Brother, your laws have set me free to chose between you and utter shit.

    --

    Friends don't help friends install M$ junk.

  34. monopoly industry not so dumb. by twitter · · Score: 2
    Seems to me that this would benefit the RIAA, not hurt it.... I'll tell you this with certainty: making a good quality recording with real time streaming is almost impossible. ...Once again the RIAA has proven to the world how purely dumb they are.

    No, the RIAA/NAT will simply continue to make the internet look bad. That's why they are currently polluting the sharing networks, no? In this case they are asking for special treatment, because they suck no less, so that they will be the only providers of "internet music". They will make the new media suck like the old and laugh all the way to the bank as each broken stream and each advert played on the internet competes for bandwith that "pirates" use to get around them. Bogus! Not dumb, oppresive. Not creative, but effective. Sounds like the schoolyard bully to me.

    --

    Friends don't help friends install M$ junk.

  35. Re:good luck........ Judicial vs. Congressional by Grab · · Score: 2

    But interestingly, digital radio is now a reality. So if you tape off that? or even better, record to your PC and blow it onto a CD? Hmm, guess they've not really thought about that! :-)

    Grab.

  36. Re:Everything I learned in Civics Class was Wrong by Vuarnet · · Score: 2

    What on earth was I taught schools. Apparently, not grammar.

    --
    Tongue-tied and twisted, just an earth-bound misfit, I
    Learning to fly, Pink Floyd.