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Senate Bill May Ban Streaming MP3s

Posted by ryuzaki0 on from the i-like-the-streaming dept.

Silverhammer writes "According to the EFF, a new Senate bill (S. 2644) sponsored by Senators Feinstein (D-CA) and Graham (R-SC) would effectively ban streaming MP3 for licensed music by requireing 'casters to use the most restrictive streaming format available (e.g., Windows Media or Real) rather than simply the most restrictive features of a chosen streaming format (e.g., Shoutcast or streaming MP3)." From the article: "The PERFORM Act would ... requir[e] webcasters to use DRM that restricts the recording of webcasts. That means no more MP3 streams if you rely on the statutory license. Under the bill, the statutory license would only be available to a webcaster if: [114(d)(2)(C)(vi)] the transmitting entity takes no affirmative steps to authorize, enable, cause or induce the making of a copy or phonorecord by or for the transmission recipient and uses technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording as defined in this subsection."

18 of 503 comments (clear)

  1. Not like it matters by Thaelon · · Score: 3, Interesting

    This is nonenforcable.

    I predict it to be about as successful as the war on drugs and the war on terrorism. I'm surprised we haven't yet had a war on piracy.

    --

    Question everything

    1. Re:Not like it matters by ScottLindner · · Score: 2, Interesting

      This is nonenforcable.

      Agreed. All one has to do is offer private certs to the subscribe base and pipe the stream over SSL.

      Scott

      --
      Slashdot.. where people join together in deliberate ignorance.
    2. Re:Not like it matters by IAmTheDave · · Score: 2, Interesting
      Broadcasters like DI.fm who are licensed would have to drop MP3 and unencrypted WMA streams for DRM/encrypted WMA streams, which would no doubt drive up their operating costs

      not to mention cut out non-Windows owning audience members. Unless they also legislate that MS has to open up WMA DRM. HAHAHAHAHAHAHA!

      Own a Mac? No streaming radio for you!!

      --
      Excuse my speling.
      Making The Bar Project
    3. Re:Not like it matters by c_forq · · Score: 2, Interesting

      are Americans more or less likely to die at the hands of terrorists after our invasion of Iraq?
      As far as I know not a single American has died on American soil as a result of a terrorist attack since our invasion. In fact I don't know of any Americans that have died due to terrorists outside of Iraq and Afghanistan.

      should being "high" be illegal if being "drunk" is not?
      In most contexts being drunk is illegal. It is illegal to be drunk in public, to be drunk in the drivers seat of a car, and even to be too drunk in a bar. Likewise I imagine if you are getting busted for drugs you are being busted in a public location, are cultivating it outside, or selling significant amounts.

      I would like to note for the most part I agree with your sentiment, but I think too many people do exactly what you accuse our government of with the war on drugs, misrepresenting facts to demonize the problems.

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    4. Re:Not like it matters by Allison+Geode · · Score: 4, Interesting

      and after the gov gets rid of network neutrality, they'll demand their benefactors at the telcos block all foreign content that is deemed to be unsavory.. so that their **AA benefactors will be pleased. and then everyone will give our politicians even more money.

  2. This is a GOOD thing. by gasmonso · · Score: 2, Interesting

    This is yet another reason for artists not to sign with the RIAA and its cronies. This will drive a more consumer oriented driven alternative to this crap. It's just a matter of time... som long as they keep doing stuff like this.

    http://religiousfreaks.com/
  3. like foie gras by MoFoQ · · Score: 2, Interesting

    again...this is like the ban on foie gras (fatty goose liver) in Chicago.

    don't they have better and more important issues to work out instead of "PERFORM"-ing for their lobbying bedroom buddies?

    heck...Canadian Artists are against DRM. link: http://www.musiccreators.ca/

    in fact, govt should stay out of it....and it should be between the webcasters and the artists to hammer out a deal.

  4. mplayer by Anonymous Coward · · Score: 2, Interesting

    Mplayer can dump Windows Media streams (and others!) just fine.

  5. America Government by and for the Corporations... by haplo21112 · · Score: 2, Interesting

    ...as an individual you have no rights what so ever. Our government has been taken over by the Corporate Lobby. He who has the deepest pockets gets the laws passed that they want passed. The average individual gets screwed, because he has no voice, and no way to influence ($$$$$$$) his elected officals. We the people get to vote to put him there, but after that the Corporations get to decide what that elected person actually decides on our behalf.

    The dishonorable Sentator John "I am a Jackass" Kerry proved all this to me once. Thank God that Son of Satan didn't become President.
    I wrote him a carefully worded letter expressing my opinions as someone whom he represents (BULLSHIT, he represents Disney, et al). I got a very nicely worded form letter in return which basically told me I could go to hell, and that the rights of the Corporations were far more important than mine to free speech and fair use.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  6. Where do I fit into all this? by t0qer · · Score: 2, Interesting

    I'm an AOL sponsored NSV (nullsoft streaming video) station. The reason I ask "Where do I fit into this" is my station rides the grey line of copyright and licensed music... I broadcast people singing from a karaoke bar.

    Our audio is broadcasted using ACCP, because the sound quality is fantastic. Let's say for a minute though, we decided to broadcast back into vp3 video and mp3 audio (so linux/macs could watch)

    Is this really copyright infringement? Or are we semi protected by parody exemptions? Nearly %100 of karaoke music is reproduced backing tracks, made by the karaoke companies in their studios. Add in that 1/2 these folks couldn't carry a tune to save their lives, it's actually pretty funny and amusing to watch.

    I'm only slightly worried, Feinstien sounds like she doesn't know WTF she's talking about. Add to that i've got AOL behind me, and she can kiss my ass. Seriously though, i'm riding a grey line of copyright here, anyone have any insights or thoughts?

    --toq

    1. Re:Where do I fit into all this? by ikekrull · · Score: 2, Interesting

      Assuming the ASCAP fees have been paid for the rights to the music in question have been paid, its your karaoke singers you need to be mindful of here.

      If you are broadcasting these people's performances without getting them to sign a release you can probably be sued by any/all of them for violating their performers rights.

      You aren't legally allowed to do what youre doing without the explicit permission of the performers.

      Basically, it sounds to me like you, and AOL are committing criminal acts under the letter of US law.

      --
      I gots ta ding a ding dang my dang a long ling long
  7. Re:WTF! They spend fucking tax dollars on this shi by Pieroxy · · Score: 2, Interesting

    Two ASS sentors who haven't a clue

    They have a perfect clue of how much money they did pocket from the RIAA just before trying to get that stupid stuff in.

    --
    Write boring code, not shiny code!
  8. death toll for podcasting? by arclyte · · Score: 2, Interesting

    So if this passed, you're saying all of my podcasts go bye bye? Well, at least the ones playing copyrighted music... And how does a podcast differ from a radio broadcast, exactly? I can record a radio show with no problems, but if it comes in via a podcast it's a big bad no no. I mean, obviously, people recording music off the radio has just KILLED the music industry...

  9. Re:'Your Rights Online"? What rights anymore? by panda · · Score: 3, Interesting

    You make the very common mistake of assuming that they are "freely elected" in the first place.

    --
    Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
  10. Re:Democracy isn't always very democratic by Illbay · · Score: 2, Interesting
    A substantial rewrite of the rules of Congress might help,...

    Starting, IMO, with "normalizing" congressional numbers back to the representative level they were in the Nineteenth Century--that is, there ought to be about 1,200 Representatives by now.

    --
    Any technology distinguishable from magic is insufficiently advanced.
  11. Meanwhile, in Canada.... by Jetson · · Score: 2, Interesting
    Many of the major Canadian recording artists and all of the indie labels have pulled out of a music industry organization (similar to the RIAA) and formed a new collective that directly opposes the DMCA and the anti-download and IP-is-protected-forever laws being created in the USA and elsewhere. They issued statements calling on the Canadian government to reject attempts to pass DMCA-style laws in Canada and want to see MP3 downloading made 100% legal for non-commercial users.

    The story is covered HERE

  12. Re:Finally! by timon · · Score: 4, Interesting

    I'm reminded of Frank Herbert's stories about the Department of Sabotage - created to thwart the rest of the government so that rights and just plain common sense isn't trampled by the process.

    --
    Zero tolerance equals zero intelligence
  13. Re:Well, that's democracy for ya by Mindwarp · · Score: 4, Interesting

    The fact is that people who scream about "special interests" seem not to consider that in a representative democracy like ours, EVERYONE is a "special interest."

    Paraphrasing Orwell, "Everyone is a special interest. It's just that some are more special than others." Unfortunately for the man on the street, how special you are seems to equate directly with how much cash you have to throw at lobbyists.

    --
    The gift of death metal does not smile on the good looking.