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Microsoft Creates Static With New Webcast Feature

Posted by michael on from the genuine-bolex-watches dept.

An anonymous reader writes "Radio stations are upset because Microsoft is cloning their playlists -- creating sounds-alike internet radio stations without the commercials."

9 of 346 comments (clear)

  1. Maybe if you RTFA by allism · · Score: 4, Informative

    The problem isn't that Microsoft sounds like other radio stations, the problem is (to quote the article) "MSN Radio promotes these online channels as being "like'' a favorite local station, "but with fewer ads, no DJ chatter and less repetition.'" They're using the actual call letters from the stations.

    --
    Denver Isuzu Suzuki
    1. Re:Maybe if you RTFA by Dun+Malg · · Score: 2, Informative
      That may be true, but I am reliably informed that it is a serious criminal offence in Germany to make that kind of comparison to a competitor. I presume there is no way of blocking this in Germany, so I can forsee a criminal prosecution against the Vile Monopoly.

      Being that none of the radio stations are in Germany, you forsee criminal prosecution where there can be none. German courts have no more jurisdiction over this than they do over a seller of Nazi artifacts in Idaho.

      --
      If a job's not worth doing, it's not worth doing right.
  2. Re:Should there be by startled · · Score: 4, Informative

    Should there be any intellectualy property expectations of a playlist?

    I'd say no, but if you click on over there, there are some much more questionable elements to the page. In particular, they list the station's callsign and slogans in a way that someone could make a compelling argument is confusing to the average person (the average person being a dolt :) ).

    Off to the left, you get this non-confusing bit:
    "Like 96.5 FM"
    But then separated into another column, it says this:
    "96.5 KOIT LITE ROCK LESS TALK"

    Now, it may not be a clear-cut case of trademark infringement, but I can guarantee that if Microsoft own these stations and someone else tried this, there'd be a cease-and-desist in the mail already.

  3. Re:Should there be by Hollins · · Score: 5, Informative

    What's next? Accusing someone of copying the order of items on a store shelf?

    Actually, the folks who own the Dewey Decimal system have done just that.

  4. Microsoft will stop this nonsense by Anita+Coney · · Score: 5, Informative

    The case Microsoft is relying on is Playboy v. Terri Welles. Welles was a Playboy Playmate of the year. She put that information in the metatags of her website. Playboy sued saying that Welles' use of the terms Playboy and Playmate violated its trademarks.

    The court ruled that the fact that Welles a Playboy Playmate of the year is, well, a specific fact. And because she was exactly what she claimed to be, there could be no confusion in the marketplace.

    Microsoft's use of stations' call letters, however, will obviously lead to confusion. It would be like Pepsi putting it's "like Coke" right on its labels. Sure, Pepsi does takes "like coke." but the confusion in the marketplace would be too great. Basically, the fact is too generalized.

    This will never go to trial though. Some higher up at Microsoft will come to his or her senses and put a stop to this nonsense.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  5. Re:Should there be by PhilipPeake · · Score: 3, Informative
    Radio call signs are issued by the FCC. they are NOT the property of the radio stations.

    If they have an owner at all, its you and me (the taxpayers -- yes, both of us! :-)

    The only thing you are not allowed to do with a radio station call sign is to use it on another radio station - it is required identification, not a marketing tool, and not "IP" of the radio station.

  6. Microsoft's stepped over the line by n0alpha · · Score: 2, Informative

    I work at one of the stations that Microsoft copied in the MSN Local Stations list. (We're one of the top 5 stations in our market.) Since we're part of an independent broadcast group (not controlled by Clear Channel, Infinity, Entercom, Fisher, Sandusky, etc), we have a great desire to protect our branding which we've worked so hard to build. I wouldn't be surprised if our legal team will be filing a lawsuit here in the next week or so.

  7. Re:Should there be by cgsamurai · · Score: 1, Informative

    Um, yep:)

    Its called a "Planogram" in the retail world, and yes, it is illegal to duplicate the layout and presentation of product by competitors...

    However, that kinda takes the fun out of things tho....

  8. Re:If radio didn't SUCK so bad, I'd almost care. by mabhatter654 · · Score: 2, Informative
    But they could still copy the playlists a day later because radio stations are required to send them in electronically to a private company mandated by the FCC for royalty purposes. MS is just buying a feed from that private company! The playlist [without DJ commentary] is just public info you could get by a normal person listening...

    Legally they are in the clear....but if the anti-trust people are watching it's time to nail um to the wall!