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Senate Bill Again Aims to Restrict Internet Radio

JAFSlashdotter writes "If you enjoy MP3 or OGG streams of internet radio, it's time to pay attention. This week U.S. Senators Lamar Alexander, Joseph Biden, Dianne Feinstein, and Lindsey Graham decided to reintroduce the 'Platform Equality and Remedies for Rights Holders in Music (PERFORM) Act'. An Ars Technica article explains that PERFORM would restrict our rights to make non-commercial recordings under the Audio Home Recording Act of 1992, and require satellite and internet broadcasters to use 'technology to prevent music theft'. That means goodbye to your favorite streaming audio formats, hello DRM. The EFF said pretty much the same when this bill last reared its ugly head in April of 2006. It's too soon to get the text of this year's version (S.256) online, but it likely to resemble last year's S.2644, which is available through Thomas."

233 comments

  1. games they play by geoff+lane · · Score: 3, Insightful

    When will US politicians realise that giving an act a really silly name just to create an acronym makes them look like lightweights?

    1. Re:games they play by Anonymous Coward · · Score: 0

      Yeah, and the act should be called PERARFRHIM.

    2. Re:games they play by Xolotl · · Score: 2, Interesting

      I was about to say the same thing. What is it about Americans and acronyms? It seems everything has to have one. Titles get twisted to form a pronounceable acronym (like PERFORM); contrived expansions are invented to make perfectly good existing names into acronyms (like AMBER Alert). No other country has this fascination with acronyms. What gives?

    3. Re:games they play by EinZweiDrei · · Score: 5, Funny

      IDK; IANAP.

      --
      Perhaps life really is full of possibilities.
    4. Re:games they play by Xolotl · · Score: 0, Redundant
      IDK; IANAP.

      *grin*

    5. Re:games they play by GNious · · Score: 1

      Aint it pretty obvious? Its the only way to get their message through. No-one bothers reading the Legislative, but giving it a name they can connect to, everyone can support it. This bill may be about getting money for the Senators and the R-I-A-F'ing-A, but no-one can object to performers rights, right?

      /G

    6. Re:games they play by Anonymous Coward · · Score: 0, Offtopic

      The AMBER Alert Program, named for 9-year-old Amber Hagerman.

      Sorry if this has already been said, it took 40 damn minutes before slashdot would accept the damn post.

    7. Re:games they play by springbox · · Score: 1

      I think creating the backronym is probably the most enjoyable part for them.

    8. Re:games they play by Anonymous Coward · · Score: 0

      I'm sure the politicians didn't think up the acronym. The lobbyists who wrote the bill (and funded their campaigns + the rounds of golf, + the steak dinners etc, etc, etc) wrote the acronym.

    9. Re:games they play by teh+kurisu · · Score: 1

      Platform Equality And Remedies For Rights Holders In Music

      Pear For Him? Sounds like cologne. (Well you can get apple stuff already).

    10. Re:games they play by h2g2bob · · Score: 1
      IDK; IANAP.

      That's the best character to mod point ratio I've ever seen
    11. Re:games they play by Illbay · · Score: 1
      When will US politicians realise that giving an act a really silly name just to create an acronym makes them look like lightweights?

      When they fail at reelection because of it.

      Politicians only "learn" by failing at reelection. Otherwise, they think their snot makes mayonaisse.

      --
      Any technology distinguishable from magic is insufficiently advanced.
    12. Re:games they play by UbuntuDupe · · Score: 1

      You know, you say that now, but wait till Parliament passes the Uniting the Kingdom through a Terrorism-Oriented Resistance, Interdiction, and Enforcement Strategy Act (UK TORIES Act) or the Uniting the Kingdom By Resisting Intrusion from Terrorists Of the Nation Act (UK BRITON Act).

    13. Re:games they play by Alsee · · Score: 1

      Good and funny post, but unfortunately technically not valid irony. You used normal acronyms, the grandparent post was complaining about "really silly name just to create an acronym" - backronyms.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:games they play by EinZweiDrei · · Score: 1

      Srs!

      --
      Perhaps life really is full of possibilities.
    15. Re:games they play by elronxenu · · Score: 1

      MPU!

    16. Re:games they play by westlake · · Score: 2, Insightful
      When will US politicians realise that giving an act a really silly name just to create an acronym makes them look like lightweights?

      The politician needs a simple, memorable, word or phrase. Calling his new bill The Patriot Act and half the battle is won. Microsoft promotes its new OS as Windows Vista. In a market dominated by Photoshop, FOSS limps along with The GIMP.

    17. Re:games they play by wyohman · · Score: 1

      I don't believe they care. They don't seem to be all that interested in what America thinks unless it provides a direct path to power. The use that all the while thinking about how they can fulfill the promises they made when corporate America gave them the resources necessary to get elected.

  2. Oh noes! by lupine_stalker · · Score: 1, Interesting

    How will I get my daily fix of CowboyNeal's gentle croonings in his finest country ballads?

    --
    Ninjas use italics.
    1. Re:Oh noes! by lupine_stalker · · Score: 1

      Ouch... bye karma. I should never slashdot after a night drinking, I think I was trying to be funny.

      Now, a serious comment, if I may. If I am correct in what this awkwardly named bill is suggesting, this is designed to severely curtail rights to operate an online radio station*, forcing the consumer to listen to the same regurgitated "Top 40" drivel that is played through the mainstream channels 24/7. These people, these **AA folks, and their politician lackeys, are the ones genericising music. Then they call us, the differentiating consumer, pirates and copyright infringers, for refusing to lower ourselves to listening to the latest pop 'sensation'. Luckily for us, these very tactics are the ones that will do them the most damage eventually.

      Fantastic... now instead of lame jokes about CowboyNeal's music selention I have started to rant about the **AA. I have just jumped the gap between the two main segments of slashdot users. All I need is a "Welcome to our new Overlords" joke.

      *Is it still called radio if it is not transmitted over radio waves?

      --
      Ninjas use italics.
    2. Re:Oh noes! by faolan_devyn_aodfin · · Score: 1

      It's all about dumbing you down. It's easier to govern and advertise to morons. Plus playing the same formula-generated music means that they don't have to create novel and interesting composures. If you play the same forty songs over and over then you pretty much guarantee that any new music that your company wants to push will be the next hit because it's different enough for people to take an interest in it.

      This is the principle of market psychology and is probably the one of the greatest abominations to come out of the 20th Century.

      --
      Pagan? Geek? Check out #paganism on Freenode IRC
  3. Goodby Internet Radio? I don't think so by LM741N · · Score: 5, Insightful

    Say hello to Internet Radio {From anywhere in the world other than the US}

  4. theft!?? by 3.14159265 · · Score: 5, Insightful

    For fox sake, copyright infringement is *not* theft!

    1. Re:theft!?? by Vengeance · · Score: 5, Funny

      Calm down now. We're talking about U.S. legislators, they can't be expected to understand the fine points of the law, can they?

      --
      It was a joke! When you give me that look it was a joke.
    2. Re:theft!?? by K.+S.+Kyosuke · · Score: 0

      Well, if we stick to the letter of law, copyright infringement isn't theft, unless tubes are involved in committing this crime.

      --
      Ezekiel 23:20
    3. Re:theft!?? by grimJester · · Score: 1

      Actually, legislators are politicians. In the US system, a law passed by legislators isn't really much more than an agreement by a majority of elected politicians until it has been tested in court.

      To use a software development analogy, what comes out of development and testing may look nothing like the original specs, if these were made by business people rather than software experts.

    4. Re:theft!?? by Vengeance · · Score: 1

      Heh. I often use software development as an analogy for legislation myself.

      My take is that laws are much like code... And legislators are, for the most part, very junior programmers indeed. There's no real beta test period for most laws, and unintended consequence are rife throughout the system when interpreted by the VM of our court system.

      --
      It was a joke! When you give me that look it was a joke.
    5. Re:theft!?? by level_headed_midwest · · Score: 2, Insightful

      The only "fine points" that they understand would be the decimal points in their campaign contribution checks.

      --
      Just "gittin-r-done," day after day.
    6. Re:theft!?? by hamelis · · Score: 1

      Actually, the best beta period for laws in the US is states. A wonderful benefit of Federalism: we have 50 different experiments going at once. Some very good laws (at the national level) have come from state laws, and the state laws have often gone through multiple iterations. Experiment, fix the problems, try again, another state thinks it's a good idea but tries something slightly different.. and eventually enough people think it's a good idea that it gets implemented on the national level. Health care legislation is a great recent example of this can progress (Mass, now Cali. and every state's differences in Medicaid. If/when we have a national plan, it will most likely be modeled on existing, successful state plans.)

      Unfortunately Congress also has the ability to shove untested junk at us, and all too often it creates more problems than it solves. Politicians at the national level are too susceptible to influence by very narrow special interest groups. It's too expensive to buy off all 50 states, and/or actually demonstrate widespread support for your ideas. Congress is a much better value.

  5. 'technology to prevent music theft' by adamlazz · · Score: 2, Insightful

    and require satellite and internet broadcasters to use 'technology to prevent music theft'.

    How is this going to work? Broadcast music in such a manner that a home tape recorder, Windows Sound Recorder or Audacity will not pick it up?

    Sounds like they have a little hurdle on their hands.

    1. Re:'technology to prevent music theft' by websitebroke · · Score: 1

      Especially since people have been recording radio broadcasts for decades!

    2. Re:'technology to prevent music theft' by gravesb · · Score: 1

      Which is illegal as well, they just never had the means to enforce it.

      --
      http://bgcommonsense.blogspot.com
    3. Re:'technology to prevent music theft' by gravesb · · Score: 1

      The politicians don't have to worry about that. They just have to pass the bill, and tell the radio stations to figure it out. Maybe that's part of the point, to make compliance impossible and greatly reduce the amount of stations in the US.

      --
      http://bgcommonsense.blogspot.com
    4. Re:'technology to prevent music theft' by It'sYerMam · · Score: 1

      And of course they still don't. It's not even much of an inconvenience, since anyone who's recorded something off the radio is used to recording in real time. Like DRM, this will have no effect on a determined copier. Unlike DRM, this will likely have no effect on an undetermined copier, either.

      --
      im in ur .sig, writin ur memes.
    5. Re:'technology to prevent music theft' by Anonymous Coward · · Score: 0

      Oh baby cakes, I can beat that one. I have two devices mounted on the side of my head that can receive audio input, there is a thing between them that can record the contents of the two devices, and then cause my appendages to pluck an oddly shaped piece of wood with 6 pieces of metal wire strung across the front! Is that stealing too? How do the politicians plan on DRM'ing it? Another question: did they fill their thing between their own audio input devices full of ethanol before coming up with this stupid law, or was it all about the money they got from the companies? A simple 1 or 2 will answer the question (nearly as simple as the politicians who wrote this stuff).

  6. stifling of alternative information sources by Anonymous Coward · · Score: 0

    Wonder what Alex Jones would think of *this*?

    1. Re:stifling of alternative information sources by toddhisattva · · Score: 1

      Alex Jones does not think.

  7. First Amendment by AlHunt · · Score: 2, Interesting

    Looks to me like an attempt to squash free speech. There are technologies available to produce copy protected streams. There are technologies for those wanting to make their content available freely. Looks like they want to kill the latter.

    Why not legislate technology to prevent copying text? After all, text can be copyrighted.

    --
    1 in 4 Maine children in struggle with hunger.
    1. Re:First Amendment by mastershake_phd · · Score: 1

      I don't even think the Constitution is a consideration these days for politicians, if it ever was. I think they just pass whatever the hell they want, and let the courts sort it out. Then rewrite as needed. But the way some of the supreme court justices act towards the constitution, it seems as if its barely in effect.

    2. Re:First Amendment by Professor_UNIX · · Score: 1
      There are technologies for those wanting to make their content available freely. Looks like they want to kill the latter.
      Looks like they're out to kill Shoutcast. While those Internet stations may pay royalties (somehow I doubt most of them do) for airing the music over the Internet, they're streaming it in an unprotected format so anyone could easily digitally copy that stream and reproduce it. I imagine that is what the legislation is intended to combat. If so, FUCK THEM! They're taking Internet streams that work great across all platforms all will force DRM that will restrict it down to a handful of "trusted" official platforms. Bye bye listening to US-based Internet radio from Linux.
    3. Re:First Amendment by gravesb · · Score: 1

      I believe most radio royalty contracts take into account some piracy, as it can't be prevented, just like some blank CDs have a surcharge tacked on. I wonder if radio stations will be able to re-negotiate if this bill passes, based on a reduction in piracy. Probably not.

      --
      http://bgcommonsense.blogspot.com
    4. Re:First Amendment by alexjohnc3 · · Score: 1

      Why not legislate technology to prevent copying text? After all, text can be copyrighted.

      Shh, you don't want to give them any more weird ideas...

    5. Re:First Amendment by LunaticTippy · · Score: 1

      90% of the shoutcast streams I've listened to aren't US-based. I wouldn't expect this legislation to have any effect on Shoutcast, unless you like some weird US-only music like pro-secession country.

      --
      Man, you really need that seminar!
    6. Re:First Amendment by LunaticTippy · · Score: 1

      Obviously you haven't used a DRM-laden e-book yet. Try it out, it sucks and blows at the same time! It's been around for many years. You get to use a proprietary Windows-only "reader" which doesn't allow for cut/copy/printscreen, useful indices, search, notes or bookmarking.

      --
      Man, you really need that seminar!
  8. Re:PERFORM ??? by novus+ordo · · Score: 3, Funny

    Oooh I can play that game

    BRIBE:
    Bringing Really Innocent Bills in Exchange Act

    And they were cheating! Half the letters weren't used. And they used a whole word for 3 letters. Jeez no wonder they're in politics.

    --
    "You're everywhere. You're omnivorous."
  9. Re:Goodby Internet Radio? I don't think so by canuck57 · · Score: 5, Insightful

    Say hello to Internet Radio {From anywhere in the world other than the US}

    That is just what happened to crypto development when anal laws came in. The good thing is they will loose as the World now owns the Internet. I guess these politicians have too much spare time to come up with goofy unenforceable laws.

    But the best solution is a consumer revolt. For example I don't buy Sony any more, between their support of DRM and it's very own root-kit I decided my last PC purchased 3 years ago was the last Sony product I will ever buy. It is now running a DRM free Linux.

  10. Re:Goodby Internet Radio? I don't think so by denoir · · Score: 4, Interesting
    Say hello to Internet Radio {From anywhere in the world other than the US}
    Indeed. I thought that they would have understood by now that any national regulation of the internet is an exercise in futility.
  11. Bill text by micktaggart · · Score: 4, Informative

    The bill text is already available at pages S446 and S447 in Feinstein's remarks: http://thomas.loc.gov/cgi-bin/query/R?r110:FLD001: S00447

  12. content filtering by merland · · Score: 1

    Why not just get some content filtering technology in place to filter internet radio since we don't exactly control the rest of the world. We can get the software from China. Its to bad because the best internet radio stations that I know of are on www.shoutcast.com and ran by AOL. Who ever thought anything good would come out of AOL, and the RIAA squashes it. I guess I'll have to use P2P networks again to listen to music off of the internet.

  13. Like DRM would help streams anyway... by Anonymous Coward · · Score: 1, Informative

    Anything that your computer plays / outputs through speakers, can be recorded. And easily too. And in quality indistinguishable from the source, if you have the right equipment. Those facts will never change, no matter what DRM is used.

    1. Re:Like DRM would help streams anyway... by schwaang · · Score: 1
      Anything that your computer plays / outputs through speakers, can be recorded. And easily too. And in quality indistinguishable from the source, if you have the right equipment. Those facts will never change, no matter what DRM is used.
      That is, until everyone is running Vista or later.

      See A Cost Analysis of Windows Vista Content Protection by Peter Gutmann.

      Vista is supposed to degrade the sound quality of (some) DRM-protected content that is output through a non-copy-protected channel. From the whitepaper (emphasis mine):
      Most newer audio cards, for example,
      feature TOSlink digital optical output for high-quality sound reproduction,
      and even the latest crop of motherboards with integrated audio provide at
      least coax (and often optical) digital output. Since S/PDIF doesn't provide
      any content protection, Vista requires that it be disabled when playing
      protected content
      [Note E]. In other words if you've sunk a pile of money
      into a high-end audio setup fed from an S/PDIF digital output, you won't be
      able to use it with protected content.


      But you're right, what they are trying to do is essentially impossible. Doesn't stop them from trying, and making us pay for it.
  14. That Can't Be by Hercules+Peanut · · Score: 1

    That means goodbye to your favorite streaming audio formats, hello DRM. I thought Apple was the reason for DRM??

    The sooner you realize that in a free society, the citizens are responsible for everything, the sooner things might start getting better.
  15. Why this is necessary. by mumblestheclown · · Score: 4, Insightful
    Slashdot has shown over and over again:
    • The 'technology community' in general has shown no interest in building systems and standards that contain provisions for reasonably safeguarding IP contentholders legal rights
    Which might be fine, since there is a reasonable argument to be made that technology should be fairly agnostic with regards to things like this and instead we should rely on the good judgement and self-restraint of humans to implement such controls. Instad, we see that
    • The 'technological community' in general has shown little to no interest in establishing a culture that encourages the safeguarding of IP contentholders legal rights
    By which I mean, for example, that any post here that happens to be 'pro copyright' will typically be modded down, attributed to astroturfing, or so on while even the most juvenile 'F the RIAA' post or 'alternate economic theory' post which attempts to argue that IP regulation is completley unecessary using third grade logic (which to real economists is roughly the equivalent of creationism) gets modded up. Now, slashdot is hardly the 'technological community', but its dominant voice is fairly typical.

    As a result, it is not unreasonable for lawmakers to address the problem by passing laws. Unfortunately, many of the laws they pass (including, at first glance, this one) are overbroad, over-reaching, ham-handed, unworkable, and/or completely ignorable. This is only partly because politicians and lawmakers are torpid and ignorant. The larger problem is because truly legislating such stuff is very very hard.

    IP protection is like pollution: any single individual has an incentive to pollute/violate copyright. Therefore, collective pressures must be put in place to curb it. Again here we see another slashdot article whose ostensible purpose is to bitch and whine about how some politicians made some dumb law. Are we ever, even once, going to see an article that says "hi - look - the RIAA and MPAA may be arseholes, but they do have a point. software / movie / music / whatever piracy is a serious issue. how would YOU solve it?" Of course, we can expect the usual dumb answers, which are:

    • It's not really a problem (implied: since the 90% of technologically behind the curve people can continue to subsidize the 10% serious pirates in places like the USA and Europe, while the consumers of the western world can continue to subsidize mass-pirating countries like China and Russia)
    • Leave it to market forces (ya, like that would work so well with pollution)
    • All patents and copyrights are nonsense and do no social good. And the waters of Noah's flood were held in a vast vapor canopy were held up because the gravity was less in 3500 BC when the flood happened and the dinosaurs drowned)
    • Fuck the RIAA / MPAA. Good point, but not relevant
    • Artists make too little from the contracts they agreed to. Possibly, but not relevant.
    • It's not for me to solve. Let the rightsholders solve it themselves (fine, then dont complain when overbroad laws come down the pike and high schoolers get sued for hundreds of thousands of dollars).
    Before us we have the skills to create some really cool content delivery mechanisms. For example, we have the brains to come up with ways for small artists to completely bypass the MPAA and other middlemen and make rasonable incomes directly from their fans. However, as it stands right now even the tiniest independent artist or software maker's work can be found on, for example, eMule in a pirated state. This encourages even more heavy tactics, ham-fisted laws, and DOES cause, for example, small software producers to go out of business.

    What should be done about it?

    1. Re:Why this is necessary. by ArcSecond · · Score: 0, Offtopic

      LOL @ "real economists"

      --

      I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    2. Re:Why this is necessary. by Watson+Ladd · · Score: 2, Insightful

      One idea I had would be to make a watermark that gets destroyed by downsampling by more then a certian amount. This would mean that low-rez copies would be permitted, but high-rez would not. Not because the recordering devices would fail, but the guy who made the song would cancel the account of the person who leaked the high-rez copy.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    3. Re:Why this is necessary. by Anonymous Coward · · Score: 1, Interesting

      Eliminate it. Thats what should be done about DRM. DRM is a violation of fair use. And just because you are 'some musician' doesn't give you a damn right to trample MY rights. So as far as I am concerned, you HAVE no right to ensure that you get rich because you made some crappy song, or movie. If you, or they don't like it, then tough f*cking cookies. Deal with the burnt underside. The problem with the idiot IP flounters today is that they think because they made this 'thing' that they have some kind of right to trample people to make a profit margin. The world isn't fair. F*cking deal with it. IP flounters sound like children when they whine and cry, and don't get their damn toy.

      I make commercials for small companies in my spare time, and make tons of money from it, if someone wants to copy it, then good fracking doodly doo. Promote me and my customer for free. Have at it. I personally like the Holiday Hawk, whoever created that is pretty damn funny.

      http://youtube.com/watch?v=0d0rQnVIOvA

    4. Re:Why this is necessary. by mmurphy000 · · Score: 5, Insightful
      The 'technological community' in general has shown little to no interest in establishing a culture that encourages the safeguarding of IP contentholders legal rights

      I doubt the 'technological community' [sic] is quite as homogeneous as you give it credit for. That being said, I think you're giving said community the short shrift.

      I suspect a wide range of people, 'technological' or not, would agree that:

      • We want art (e.g., books, music) and science (e.g., pharmaceuticals, software) to be created
      • We want a fair system for financing said art and science, one that provides sufficient incentive to have the art and science created, and therefore not throw all its power to one side (RIAA/MPAA/patent trolls) or the other (Pirate Bay)

      What the 'technological community' — and I would argue it's really more the 'tech-savvy consumer community' — is reacting to is the fact that the deck appears stacked in favor of the RIAA/MPAA/patent trolls side:

      • They have concentrated wealth; consumers arguably have more money but are ill-organized
      • Given that wealth and the campaign finance systems in many nations, they have the ear of the government (via lobbyists and donations); consumers arguably are the citizens but many aren't used to a culture of both paying taxes and paying extra to politicians to actually get paid attention to
      • They also have control over the means of production, either due to practicality (consumers can't readily just band together and create a pharmaceuticals lab) or due to structure (payola and other dubious-to-illegal tactics creating an entertainment industry with a handful of artist 'haves' and a whole lot of artist 'have nots')

      The 'technological community' therefore tends towards promoting anarchy (e.g., turning a blind eye towards 'pirated' music) as an easy means of providing a check and balance to the entrenched powers, even if such anarchy tends to run counter to the ideals of the 'technological community'.

      Your goal — finding a reasonable middle ground — is noble but too soon, particularly since your suggestions smack of asking the 'technological community' to unilaterally disarm.

      If you really want to get to a reasonable middle ground, here's the windmill I'd tilt at:

      • Get the government to pay more explicit attention to the will of its citizens
      • Use the government as a forum for finding a reasonable middle ground that meets the goals outlined towards the top of my post

      Admittedly, this is probably 10-50 years in the making, and so from a practical standpoint it might not have much of an impact over the specific issue of IP rights in the digital era. Personally, I'm more concerned with fixing the over-arching system (raising citizens' voice in government) than fixing individual problems (IP rights in the digital era). But, that's just me.

    5. Re:Why this is necessary. by Anonymous Coward · · Score: 0

      Your response was about DRM. This was completely irrelevant to the parent post, and so you should be modded offtopic. You completely ignored what he was saying and just made your own non-sequitur response.

    6. Re:Why this is necessary. by damienl451 · · Score: 4, Insightful

      It looks to me like you're confused. What this legislation would do is prevent users from doing something that is, and always has been, legal, namely recording what's broadcast (provided they have legal access to it) for their own private use at a later time. There is no intrinsic difference between "timeshifting" TV shows, and timeshifting radio broadcasts, be them aerial or internet. Now, they claim that it wouldn't change anything for most people, because it would not prevent you from recording everything, simply from using an automated system that would record only, say, songs by Shakira. Now, how is it a problem if I'm a Shakira fan and would like to listen to all her songs later on? If I have a Tivo, I can record all, say, Numb3rs episodes automatically, therefore eliminating the need to buy Numb3rs DVDs. How is it different? Add to that that it'd probably be a real pain in the neck to implement properly (apart of course from sending spurious metadata, which would be more an inconvenience than anything), and would prevent us Linux people from listening to any kind of webradio (how likely is it that those special players that prevent you from cherry-picking which songs you want to listen to will be available on Linux?). Did I also mention that it is perfectly useless, since NOBODY goes through this horribly inefficient process of waiting for songs to be broadcast on a webradio and ripping it, instead of just borrowing a CD from a friend an ripping it, which is faster and will give you better quality (128 kbps for the typical webradio vs perfect digital quality for FLAC)?

    7. Re:Why this is necessary. by mumblestheclown · · Score: 1
      Looks to me like you're confused. THee reasons for your confusion is that you think that 'fair use' is a fixed thing, like a 55mph speed limit.

      Fair use is NOT a fixed set of rules, such as "you can copy 3 paragraphs, but not 4" or "you can let your sister borrow your CD, but not your second cousin." Because your whole argument rest upon your faulty assumption that Fair Use is indeed such a fixed set of rules, the rest of your argument falls apart.

      I encourage you to read more about what fair use actually is, rather than what you would pretend it to be.

      http://en.wikipedia.org/wiki/Fair_use

      Is a nice start.

    8. Re:Why this is necessary. by rohan972 · · Score: 5, Interesting

      What should be done about it?
      Come up with different business models to respond to changes in tech, instead of trying to enforce systems that were created to deal with very different technological/business environments.

      When copyrights were invented, it was unthinkable for one person of modest resources to be able to quickly a cheaply send unlimited copies of a written work across the world at no charge. Now nearly every household in the western world can do this. I don't think we can abandon copyright, but I do think some different understanding is required.

      I think of the movies Cars, for example. My kids really like that movie. We have the DVD, but I'm sure Pixar have made more from us out of merchandising than by the DVD sale. I'm pretty sure that financially succesful movies could be made even without ever doing anything to stop downloaders. Commercial pirates could still be prosecuted, but have liberal fair use for non-commercial purposes. If they went so far as to promote it as free to download (a reasonable time after the cinema release) they could potentially gain a much larger market share and therefore merchandising revenue.

      Looking at software: Microsoft use copyright violation to sustain their market share. It is a part of their business model, they don't openly admit it, but it's not a secret. If personal copies were permitted, but copying for commercial use forbidden, in reality it would not destroy their profits. Most people buy their computer with software on it, and would continue to do so. Most people simply don't want to install their own operating system. Redhat seems to remain a viable business, despite CentOS. Probably CentOS helps Redhat retain market share in much the same way that pirated windows does for MS, but without requiring the law to be broken.

      In short:
      1 - There are currently viable business models that don't require changes to copyright law/enforcement. Use and improve on these.
      2 - Accept that some businesses may have to operate with smaller profit margins. Deal with it.
      3 - Accept that some industries may have to become smaller. Deal with it.
      4 - Acknowledge that there is much "content" produced today that would not harm society in the slightest if none of it ever got made again.

    9. Re:Why this is necessary. by Anonymous Coward · · Score: 0

      What he was saying is "The 'technological community' therefore tends towards promoting anarchy." Anarchy is what the **AA is doing against fair use rights with DRM. And he also was asking for "Your goal -- finding a reasonable middle ground". However, if artists want middle ground, then they need to stop thinking they have more rights than others.

      If you RTFA, you will see it was about DRM. So if you want offtopic, then present it to the topicee, not those that reply to the topicee, or any of those that descend from the replies of the topicee. If you disagree, good, say way you believe you have some right over mine, and I will listen, but I may not agree that you have more rights than I, or anyone else... That is, if that is the sole purpose of your reply. Or if you agree, say why. But please don't form a repetition of argument of being 'offtopic'.

    10. Re:Why this is necessary. by Anonymous Coward · · Score: 0

      > IP protection is like pollution: any single individual has an incentive to pollute/violate copyright. Therefore, collective pressures must be put in place to curb it.

      Actually, pollution brings diseases and death, copyright infringment doesn't. That might explain why one is a more serious issue than another, and why it may require more control.

    11. Re:Why this is necessary. by sedyn · · Score: 1

      Please explain to me how a system where a user must be given access to content, but at the same time denied access to content, would function as anything more than a speed bump. Technologists can't deliver the impossible, even if we wanted to.

      To add insult to injury, media organizations come in and demand things like "trusted computing" (which sounds like a remote execution hole waiting to happen) that I don't want on the computers running my bank software, or government computers with my SIN/SSN on them. Consider if you were a doctor, and you knew that poison was being prescribed as a cure, isn't it your ethical duty to step in and try you're best to stop it? Fortunately in this case, we aren't talking about people dying, but they may have their identities stolen (and credit ruined) because some media organization wanted to protect a few album sales of Britney Spears.

      And again, trusted computing should be a speed bump to those in the know. But there will always be an admin who has risen to his level of incompetence and will deploy sensitive information on a "trusted computer".

      This is why we can't promote the "safeguarding of IP," it is doomed to failure, and the attempt may hurt innocent people.

      --
      Am I open minded towards open source, or closed minded towards closed source?
    12. Re:Why this is necessary. by eldepeche · · Score: 1

      There is no such thing as intellectual property. Property law cannot logically be applied to non-tangible things.

      Businesses in any other sector would say, "This new development has a potentially huge negative impact on our profitability. How can we modify our business model to mitigate that impact?" Because the entertainment sector has political power, they say, "This new development has a potentially huge negative impact on our profitability. How can we keep people from taking advantage of this technological innovation?" The effect is to hamstring technological development. I think this is an ethically and economically bad thing.

      The difference between copyright infringement and pollution is that pollution affects the public directly. The fact that copyright is being infringed does no harm to my quality of life. The reactions of entertainment companies, to (attempt to) impose Digital Restrictions Management on my media, to call me a thief, do harm.

      Therefore, I propose that we allow the market to settle this. Entertainment companies can impose DRM if they want, but there is no reason to mandate such a thing by law. If people will put up with it, maybe it'll stick around. They must also face the fact that rampant copyright infringement is here to stay; it isn't 1980 anymore. They can sue in civil court for damages from infringement, and they can sue to shut down services that only exist to illegally distribute copyrighted material. (If a service can show a significant legitimate use and demonstrate due diligence to prevent infringement, they'll have to live with it or find another way to prevent such distribution.) If these companies can't stay in business because of lost revenues due to copyright infringement, tough shit. There are plenty of vibrant alternative channels for artists to be seen/heard.

      Excuse me for not having more sympathy for the multi-billion-dollar entertainment industry.

    13. Re:Why this is necessary. by homer_s · · Score: 1

      Leave it to market forces (ya, like that would work so well with pollution)

      Pollution regulation falls under the same category of property rights - it is not an exception that 'proves' market failure.
      The market works only if there is a right to private property. The air I breathe in my house is private property - if anyone pollutes it, they are violating my right.

    14. Re:Why this is necessary. by marcosdumay · · Score: 1

      Your post is a bit uninfformed. The arguments seem reasonable, but aren't based on what is happening. First, 'technological community' is a bad name. That name includes huge companies that are pushing copy protection, but by lack of a better name, I'll use it too.

      "The 'technology community' in general has shown no interest in building systems and standards that contain provisions for reasonably safeguarding IP contentholders legal rights"

      Of course the tech community has no interest in building copy protection. It is becase it is impossible, and you won't see inteligent people interested on doing impossible things. You'll see more interest on faster than light and time travelling, because those we can't be competely sure that are impossible, but for copy protection we can be sure.

      DRM and trusted computing are proposed by people that want lock-in or (even more subtle) to outlaw investigating their acts. The first are easy to identify, those are monopolists on the several IT areas, that want to eternize their dominant position. The later ones are current outlaws that fear the people (yep, politicians), those want secrecy on their bad doing. The content industry is also pushing for content protection, but they do that just to have people buying the same stuf several times. Stopping piracy is simply an excuse, since no possible system will do that.

      "The 'technological community' in general has shown little to no interest in establishing a culture that encourages the safeguarding of IP contentholders legal rights"

      Now, you're giving us too much merit. We don't have such homogeneous phylosophy, nor have power to push ideas on ordinary people (if we had, they woldn't be using Windows for a start). You are probably complaining because people is copying a lot, but that is them who are choosing to do that, not our fault.

      "...or 'alternate economic theory' post which attempts to argue that IP regulation is completley unecessary using third grade logic (which to real economists is roughly the equivalent of creationism) gets modded up."

      Bad logics doesn't get modded up at /., well, at least most of the times since moderation is noisy. That happens because logic is very important to lots of people here. There are posts that are not based on reality, but almost never bad logics. Anyway, childish F*k *AA gets up-moded, that is true.

      "As a result, it is not unreasonable for lawmakers to address the problem by passing laws. Unfortunately, many of the laws they pass (including, at first glance, this one) are overbroad, over-reaching, ham-handed, unworkable, and/or completely ignorable. This is only partly because politicians and lawmakers are torpid and ignorant. The larger problem is because truly legislating such stuff is very very hard."

      Not because of our oppinion. We are few, and have almost no power to push ideas on common pople (remember? bad social skills.). The laws are overboard, over-reaching and ham-handed because politicians want them that way. They are unworkable and/or completely ignorable because the only way to do what the politicans want them to do is with a police state. Powerful politicians normaly have nothing against a police state, so that is not a problem for them. Legislating such stuff is not hard, they just can't do that at once because the people would not like.

      "IP protection is like pollution: any single individual has an incentive to pollute/violate copyright."

      That's half true. We have hard evidence that pollution is harmfull to society, but we lack this evidence about copyright violation. I'm not saying we have no evidence at all, just that there is no undisputable or conclusive evidence about it.

      What we have evidence about is that current copyrights hurts society. We have a lot of it, and all weeks some new o

    15. Re:Why this is necessary. by ScrewMaster · · Score: 1

      Actually, mass copyright infringement has the potential to bring disease and death to a number of large corporations ... organizations that, frankly, we'd be better off without. In either case, it's a win-win so far as I'm concerned.

      The problem is larger than simple copyright infringement: the real issue is the lengths to which these people are willing to go in order to have their way. This is not a matter of traditional copyright law, it's a matter of satisfying a group of businessmen and lawyers of the worst possible stripe. I'm not interested in appeasing a bunch of bullies: that has never worked in the past, won't work now, and won't work in the future, because (like any drug addict) they are constitutionally unable to stop themselves from taking more and more. Also much like an addict, they keep rationalizing how the damage they cause is really for the best. Congress should have put paid to their little plans a long time ago: instead they rolled over on us.

      I fail to see why it is the public that must make all the accommodations here, when it comes to the nature and enforcement of copyright law. The point of copyright law was always to give us, the public, more "creative works." So ... have the increases in power granted to copyright holders served that purpose? Or not? And if not ... maybe that's the wrong approach.

      The reality is that the studios need to accommodate us, pure and simple, find a way to make their businesses remain profitable without causing further injury to the legal fabric of our society. That, or go the way of the blacksmith.

      --
      The higher the technology, the sharper that two-edged sword.
    16. Re:Why this is necessary. by Danse · · Score: 2, Insightful
      Before us we have the skills to create some really cool content delivery mechanisms. For example, we have the brains to come up with ways for small artists to completely bypass the MPAA and other middlemen and make rasonable incomes directly from their fans. However, as it stands right now even the tiniest independent artist or software maker's work can be found on, for example, eMule in a pirated state. This encourages even more heavy tactics, ham-fisted laws, and DOES cause, for example, small software producers to go out of business. What should be done about it?


      First, the arms race must end. Copyright law must be fixed to bring it back into line with what reasonable people would consider fair. The industry brought this on themselves with their massive overreaching and greed. They turned it into a free-for-all, grab-whatever-you-can situation. They buy legislation giving them more control for longer periods of time, and even screw the public out of works that were already in the public domain. They keep moving the bar on us. So, nobody feels particularly guilty when they ignore copyright law. They feel that if they managed to get past whatever protection there was, then they won that round.

      Seriously, who really feels bad about screwing over someone who was trying to screw you over? So, if we bring back a fair bargain between the public and artists, then I think we'd see a lot less infringment than we do now, and it would be much less socially acceptable. Right now, nobody even bats an eye at someone downloading music or movies and burning their own copies of them. It's time for a public sit-down with both sides where things can be worked out and brought back to some semblance of sanity.

      I doubt that will happen though. The really believe that the industry won't be willing to give back what it took. So, in the end, we will continue the arms race forever.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    17. Re:Why this is necessary. by Mr2001 · · Score: 2, Insightful

      Are we ever, even once, going to see an article that says "hi - look - the RIAA and MPAA may be arseholes, but they do have a point. software / movie / music / whatever piracy is a serious issue. how would YOU solve it?" No, because it's not a serious issue.

      The only serious issue here is that all these businesses are founded on a contradiction: the idea that they can sell information, but their customers can't turn around and redistribute that information on their own. Anyone with a shred of foresight would have realized from the beginning that such a model is fundamentally flawed. If you want something to be concerned about, try asking yourself why it's worth fighting an endless uphill battle just to preserve those stillborn business models.

      All patents and copyrights are nonsense and do no social good. And the waters of Noah's flood were held in a vast vapor canopy were held up because the gravity was less in 3500 BC when the flood happened and the dinosaurs drowned) Here's a tip for future reference: putting a false statement after a true one doesn't make the first statement any less true. It just makes you look dishonest.
      --
      Visual IRC: Fast. Powerful. Free.
    18. Re:Why this is necessary. by Anonymous Coward · · Score: 1, Insightful

      I'm sorry for making a "dumb" response. But you're points are unacceptable. Piracy isn't a problem. It's a response to all of the greed and sickness in the media industry. You cannot simply shrug aside the fact that, obviously, our form of capitalism is disgusting and wrong.
      Secondly, the people trying to "infect" methods of free speech with DRM are in the wrong. This is what this article is about. The reason why "non-commercial" radio hosts don't use said methods of delivering their voices across the internet and airways is because they are NON-COMMERCIAL. They don't have someone else's hands in their pockets, therefor, they don't have anyone telling them what to do. I've ran an internet radio station. I kept it simple, and pirate friendly. Why? Because I WANT people to copy it and distribute it. I'm not looking for money, which is they way it SHOULD be.
      If it's non-commercial, lets MAKE it commercial, amirite? Let's make those pinko bastards who love freedom of speech pay some cash in SOME way! [/sarcasm] Here is a one of the problems with todays consumers. You. It seems that you've simply accepted DRM, perhaps not right away, but you accept DRM as a necessary device, or at the least, a necessary evil. Have you perhaps stopped to think that maybe, just MAYBE, the WHOLE SYSTEM for media is sick in the head? Since when is music and voice something to be paid for?
      No, my friend, just... No. DRM is unnecessary, because it's very nature is to stifle the way we speak and share information.

    19. Re:Why this is necessary. by clang_jangle · · Score: 1
      IP protection is like pollution


      Equating the destruction of our own natural habitat with artificially enforcing an obsolete political ideology is sheer fucking madness.
      --
      Caveat Utilitor
    20. Re:Why this is necessary. by Garrett+Fox · · Score: 1

      This is a topic that should be addressed at greater length. Good work.

      One point worth adding is that it's a bad idea to react to invasive copyright measures by saying, "Let's all pirate stuff so we can stick it to the Man." If we do that, we prove organizations like the MPAA right in their assumption that we just want to take stuff without paying for it. A technological measure of any kind will be unable to stop piracy (abuse of copyright, however you want to define it) if our culture is such that piracy is condoned as a form of rebellion.

      --
      Revive the Constitution.
    21. Re:Why this is necessary. by turing_m · · Score: 1

      "All patents and copyrights are nonsense and do no social good. And the waters of Noah's flood were held in a vast vapor canopy were held up because the gravity was less in 3500 BC when the flood happened and the dinosaurs drowned)"

      This is the strawman holding up your argument. Someone holding a position opposite to yours in this area is NOT arguing that there are aren't any good social or moral reasons for IP laws. They are arguing that the costs outweigh the benefits. And you will need to build a much stronger argument against that than the non sequitor you currently have there.

      I can't speak for slashdot, but the biggest problem I can see with IP laws are as follows:
      1. IP laws enable monopolies on the distribution of particularly entertaining works.
      2. Entertainment and other information type creation and distribution businesses then become big business.
      3. The income from those monopolies and economies of scale then enable the creation of works of entertainment that will be more competitive than most.
      4. The distribution networks become oligopolies because they control the most addictive entertainment and can price competitors out of the market.
      5. There is nothing stopping those entertainment and distribution oligopolies from effectively acting as a monopoly if they are owned and run by people with a similar agenda.
      6. That effective monopoly can then practice censorship of information and propaganda they don't like under the guise of "that wouldn't sell" or if pressed "we think our censorship actually benefits society". Even if it would make money, they can choke the information by refusing to fund, promote, or distribute such works.

      A prime example is the recent Mike Judge (creator of Beavis and Butthead, Office Space) movie Idiocracy. Google it, read some of the imdb reviews.

      --
      If I have seen further it is by stealing the Intellectual Property of giants.
    22. Re:Why this is necessary. by 0x7E7 · · Score: 1

      Could we please stop using the term "intellectual property" already? Repeat after me, kids: THERE IS NO SUCH THING AS INTELLECTUAL PROPERTY. As far as I am aware, there are "copyrights" and there are "trademarks." That is all. Intellectual Property is a term invented by corporate lawyers, and it has the effect of defining the discussion in terms of "theft", etc., which is just what was intended in the first place.

      --
      C-x C-c
    23. Re:Why this is necessary. by 80+85+83+83+89+33 · · Score: 1

      dude, you can't see the difference between pollution vs violating copyright law?

      --
      i disable sigs
    24. Re:Why this is necessary. by LunaticTippy · · Score: 1

      There are hundreds of millions of Americans who remember taping TV shows and recording radio broadcasts. They'll always think of these as rights. They'll always think of technology that doesn't allow this as broken. Maybe after we're all dead the fascists can have their dystopia.

      --
      Man, you really need that seminar!
  16. I can't believe this by Anonymous Coward · · Score: 0

    For god's sake it isn't delivered using radio waves, it gets to us via tubes!

  17. whack-a-mole by rbanffy · · Score: 1

    When will this game of whack-a-mole end?

    Will it end?

    1. Re:whack-a-mole by yusing · · Score: 1

      It's like copy protection for software. At one time everybody was doing it. Now only a few stupid companies are doing it. (Apple: Logic Pro). Eventually, after they've tried everything, they'll realize it's hopeless. But it's corporations: they live forever, so it could take a human lifetime or two.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

  18. Shocker! by Anonymous Coward · · Score: 1, Insightful

    Wow, 2 out of 3 of those names are Democrats. Didn't most of you say they were all about really important issues and would never trample on fair use rights. How dare they!

    1. Re:Shocker! by smchris · · Score: 1

      Except the ones whose lobbyist money comes from Hollywood. Even Saint Wellstone voted for the DMCA and his response to me was that "it was the right thing to do". Period.

      I'm willing to be proven wrong but I'm not sure the Democrats aren't worse on these issues. Oil money: Republicans. Hollywood money: Democrats.

    2. Re:Shocker! by Anonymous Coward · · Score: 0

      I wonder how much the music industry/RIAA has given to Biden's campaign coffers?

      If the American people want their government back from the robber barons, they need to demand the end to lobbyists and PACs.

    3. Re:Shocker! by The+PS3+Will+Fail · · Score: 1

      Top Recipients: TV/Movies/Music - Feinstein received > $200,000 from the television, movies, and music industry. That type of money BUYS influence.

    4. Re:Shocker! by weston · · Score: 1

      2 out of four, actually, if I'm counting correctly: "the bill is sponsored by Sen. Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC)." Split the blame 50-50.

      I'm sure there are people out there who'd claim the Democrats are squeaky clean, but I suspect the majority of the critics of the recent Republican congress understood that a Democratic upset wouldn't fix all our problems. It's never been a secret, at least on Slashdot, that the Dems have ties to content cartels that match those among the R's, and yes, there's lots of new blood in the picture from the last election, but in all but a very few races, sensible intellectual property laws weren't even raised as an issue, so we've no idea what to expect even from the freshmen.

      What we *have* known is that the Republican majority government has been anything but good, and that the ostensible Democratic philosophy at least pays lip service to concepts like the public good. It's no hypocrisy to examine the status quo, condemn its authors and potentates, and suggest the opposition might do better.

      Ultimately, though, I think the problem here is that intellectual property isn't a campaign issue -- and worse, I think somehow, rent-extracting royalty-free living is probably seen by the average citizen as one way of finding the American Dream. Invent a widget, patent it, live comfortably for the rest of your life of license fees. Never mind it's rarely that simple, the perception matters. Voters won't elect someone based on their insight into IP Law any more than they'll elect someone on their insight into technical matters -- unless they themselves posses a similar level of insight. So it's not surprising that neither party seems to produce a preponderance of candidates with interests in balancing property-like economic incentives for creativity with important freedoms.

      What to do, then? I'm not sure, but I think it might include these steps:

      (1) Tech companies must lobby and increase the power of their lobby. They share some of our interests.
      (2) We need to support organizations like the EFF who work on these issues. Monetarily.
      (3) Individual geeks must lobby as constituents. Not just letter writing. Go to their damn office. Make an appointment with the staffers who cover the related issues. Discuss issues with them. Listen as well as make your case -- because you're going to have to learn the other sides of the case in order to respond to their concerns as well as express yours.

      Things that won't help: ignoring the problem that this issue cuts across party lines, or using announcements like this one as an opportunity to take a cheap shot at a party you dislike.

  19. Meet the New Boss... by Anonymous Coward · · Score: 1, Insightful

    I can't wait until we vote the Republicans out and the Democrats get control and fix all this.

    Oh - wait - we just did that.

    Proof once again that they all suck....

    1. Re:Meet the New Boss... by udderly · · Score: 1

      Hah...my opinion is that the political system is corrupted by money and association. Here's a little something about your new Speaker of the House.

      Of course, it's hard to believe that the Republicans have the nerve to bitch about it (put me in mind of something about logs and specks or maybe pots and kettle), but they do.

      Maybe it's true about the "banality of evil."

  20. Re:Goodby Internet Radio? I don't think so by Anonymous Coward · · Score: 0

    Listen to Soma FM while you can. It's an awesome station with several streams, each playing a different genre. They've already had to deal with outrageous demands related to the DMCA which were fortunately cut back. And now this. It seems the RIAA, yet again, are using legislation and money as a bludgeoning tactic to quell truly independent outlets of music.

  21. You got to ask by dbcad7 · · Score: 5, Interesting
    I would like to know exactly how.. Lamar Alexander, Joseph Biden, Dianne Feinstein, and Lindsey Graham came up with this need for legislation ?

    Of all the problems in the US, and around the world, they decide that this is something they should work on. Ignore all the letters from the people they represent, and take care of special interests. This is what is wrong with our government. I am sure each and every one of these people have received thousands of letters on Iraq, and healthcare, and numerous other problems from everyday voting citizens. I would love to see the letters they have received that convinced them that this was an issue that needed their attention over all these other issues. I doubt they can produce even one that came from a private voting citizen.

    --
    waiting for ad.doubleclick.net
    1. Re:You got to ask by Anonymous Coward · · Score: 0

      Maybe they just don't make it to the front page of Slashdot.

    2. Re:You got to ask by Rob+the+Bold · · Score: 1
      Of all the problems in the US, and around the world, they decide that this is something they should work on. Ignore all the letters from the people they represent, and take care of special interests.

      When you put a big check in the letter to your senator, then they'll listen to you. That's how you tell the letters to act on from the letters to trash.

      --
      I am not a crackpot.
    3. Re:You got to ask by Anonymous Coward · · Score: 0

      This brings up an idea; why not create a watchdog service site that people can CC their email to? It should be able to build a list of keywords from the messages, categorize them and create a scorecard. People could then see how well their representative is spending his/her time on the issues people have actually sent in. If the service could get some volunteers then maybe even regular mail could be processed. Of course all of it would be public record and searchable so if you wanted to see the original message you could browse through.

    4. Re:You got to ask by trudyscousin · · Score: 1
      "I would love to see the letters they have received that convinced them that this was an issue that needed their attention over all these other issues. I doubt they can produce even one that came from a private voting citizen."

      Here's one she did receive from " a private voting citizen." And no, she didn't reply to this:

      Dear Senator Feinstein,

      On Jul 19, 2006, at 9:31 AM, senator@feinstein.senate.gov wrote:

      Thank you for writing to me about the digital broadcast
      flag. I appreciate hearing from you.

      I feel strongly that we must prevent the theft of copyrighted
      works, and that includes digital television (DTV) programming.
      As we move forward in the digital age, it is increasingly easy for
      unauthorized copies of copyrighted works to be made and illegally
      distributed. Over-the-air digital content is the easiest to pirate.

      I respectfully submit to you, Senator: So what? It's always been 'easy.' Pirates coiuld continue to do this with analogue video tape recorders if they must. They're not going to worry about whether their masters of copyrighted material they propose to illegally distribute are digital or not.

      The problem is that the equation you've been pondering leaves out those like myself, who stand to lose the rights they have always been afforded, and have been affirmed by the Betamax case almost twenty-five years ago. Archiving, editing and time-shifting for my personal use is not 'theft.' I haven't stolen anything. I haven't deprived another of his or her property. Why does this become 'theft?' Because an industry association, the MPAA, says so?

      All this talk about 'theft' is a smokescreen I feel the motion picture and television industries have presented in order to obscure the real reason for the broadcast flag, which is to force their customers (not 'consumers,' please?) to pay over and over again for the content for which they already have paid, and have the right to archive, edit and time-shift for their personal use. Sadly, I feel you have bought entirely into their argument, which will be to the detriment of us all. You'll forgive me if I sometimes feel my lawmakers don't necessarily "swim in the same water" as does our society as a whole. If you do, I think you'll realize the damage you have done, provided this bill becomes law, once it occurs to you that you can no longer enjoy the right to do what you can legally do today.

      As we contemplate the use of new technologies to protect
      copyrighted works, we must pay careful attention to ensure that a
      balance is struck between competitive protections and individual
      consumer interests. It is important to allow for the continued fair
      use of copyrighted material, even while we seek to stop
      unauthorized reproductions from being illegally distributed outside
      the home and over the Internet.

      I've heard plenty about these "new technologies." "Digital Restrictions Management," I think, is a much more suitable term. Where is the 'balance' of which you speak? I want to know (and this is not a rhetorical question, Senator) what rights will customers be afforded, given all these new restrictions? What do customers stand to gain from this legislation? There are already laws which provide for severe penalties for the unlawful distribution (again, not 'theft') of copyrighted works. Why aren't the current laws being enforced?

      I'd like to provide you with a bit of insight you may not have considered.

      If this bill becomes law, I won't break the new law. I'll simply not buy any longer. No more DVDs (or HD-DVDs or Blu-Ray discs). No expensive new hardware, including wide-screen televisions and digital video recorders. No more subscriptions to cable (or satellite) services. The motion picture and television industries think they have got me, but t

      --
      Those who can, do. Those who can't, write technology blogs.
    5. Re:You got to ask by Anonymous Coward · · Score: 0

      Thus you've realized the problem with politicians. Politicians will often speak about the change in social conscioussness we'd all like to see take place, but when it comes down to it, special interests and corporate greed take priority over social improvement.

      Welcome the NEW Congress! Same as the OLD Congress!

    6. Re:You got to ask by westlake · · Score: 1
      Of all the problems in the US, and around the world, they decide that this is something they should work on.

      The politician multitasks. Taking a stand on one issue does not mean that others are ignored.

      The politician never loses sight of the economic interests of his home districts. The Kansan keeps an eye on the market in beef and grain. The Texan does not ignore the Oil Patch.

      The geek wastes his energies in talk of grandiose conspiracies.

      The politician in L.A., New Tork or Nashville tracks employment in the entertainment industry, the investment in draws, the revenue it generates, its impact on the balance of trade.

  22. It's easy.... by Anonymous Coward · · Score: 1, Informative
    send it in a patent-protected format, provide windows-only players. This is pretty much how wma works. Then in vista you set the magic "cripple-the-outputs" flag and you can't even record from audio out.

    A giant step forward for american creativity and ingenuity.

    1. Re:It's easy.... by yusing · · Score: 1

      It's got to get to the (analog) speakers at some point. That's why god made alligator clips.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    2. Re:It's easy.... by ultramkancool · · Score: 0

      It's also pretty cheap to buy a 2-way speaker cable from radio shack and shove one end into a cheap tape recorder, then do it in reverse with line in. oggenc or lame the result and tada, no more DRM-loving formats :)

    3. Re:It's easy.... by lenne · · Score: 1

      Then the will demand that only digitally connected speakers with internal decoding circuitry, and which will self-destruct if tampered with, are allowed to play the music.

      So we are back to the early '70 where I recorded music off the radio using a microphone in front of the speaker, because the tube/valve radio didn't have a line-out signal.

      Lenne

  23. if it can be heard it can be recorded by Anonymous Coward · · Score: 0

    Broadcasters would be required to "use reasonably available and economically reasonable technology to prevent music theft. WHY??

  24. DRM is theft by Anonymous Coward · · Score: 0

    DRM is theft as it prevents material released to public domain after copyright expires.

    1. Re:DRM is theft by Jugalator · · Score: 1

      And the reason behind my sig is that it also steals the user's fair use rights.

      --
      Beware: In C++, your friends can see your privates!
  25. Re:Goodby Internet Radio? I don't think so by a++2+Bathtub+Larva · · Score: 3, Insightful
    They have to posture otherwise how else would they show they deserve the money they make?

    "Look I'm working! I built a bridge to nowhere!"

    It's all trucks and tubes to them, they have the technological savvy of slim jim.

  26. You will notice by Realistic_Dragon · · Score: 2, Insightful

    That's renumeration for rights holders not for artists.

    --
    Beep beep.
  27. Money Trail by gerrysteele · · Score: 5, Interesting
    It is assuredly vomit inducing that the government thinks it can get away with a law like this; forced onto citizens who were, the previous day, quite unaware of the need for such a law.

    I read the article, yet, as is almost always the case, it is unclear why the bill sponsors have committed their names to it. Clearly there is only one benefactor: recording industry groups obsessed with piracy. The radio stations do not benefit, the listeners do not benefit. However they [the lobby] are probably well aware that Internet Radio area is, most likely, not a common place for piracy.

    This leaves us the option that they are trying to push this through as an attempt to soften the ground for a larger blitz on personal freedoms on commercial products of a digital nature.

    But can anyone say for sure why these alleged representatives of the people have deemed it necessary to impose a law that most people will not need, understand and be worse off for in the long run? I can think only that, someplace, there is a trail of money, or of gratuity, or of favours and deals or offers that are the real reason that any member of the nation might even acknowledge the phantom problem of audio piracy.

    1. Re:Money Trail by Anonymous Coward · · Score: 0

      the government thinks it can get away with a law like this; forced onto citizens who were, the previous day, quite unaware of the need for such a law

      Oh come on now, you know you're really forcing it on yourself! The government is the people, and the people are the government! The fact that you can vote means that any form of coercion your rulers impose over you is really coming straight from your very own brain! You agreed to these very laws before they were even written, let alone discussed, using your powers of future vision! Don't pretend that you weren't thinking about it the previous day!

      I mean really, you even have the privilege of writing your ruler in order to discuss these new forms of coercion that will be imposed on you! Thank heaven that in the rare case you don't want a particular form of coercion imposed on you, all you have to do is write your ruler and he will excuse you from that particular law, since you really ARE the ruler yourself, not him, and therefore YOU make all the decisions yourself! You ARE the government, even when you raid your own house, steal all your own belongings, and haul yourself off to prison! Really, it's all completely logical!

  28. So much for the land of freedom. by siDDis · · Score: 1

    This is forcing a small almost non existing industry to another country.

  29. Re:PERFORM ??? by DarkIye · · Score: 1

    COVERUP: Censorship Of Voyeuristic Explicit Reporting on Underhanded Politicians Act. KEEPING CORRUPTION QUIET: The KEEPING of CORRUPTION in the government QUIET Act.

  30. Re:Goodby Internet Radio? I don't think so by andydread · · Score: 1, Interesting

    as a person responsible for over hundreds of thousands of dollars worth of Sony products sold. And one that has mostly Sony products I too will never ever recommend or purchase another Sony product as long as I breathe oxygen on earth for the same reasons you listed above.

  31. Short answer by frogstar_robot · · Score: 5, Insightful

    A point by point back and forth isn't needed here. The "Slashdot Perspective" is very simple and very straightforward:

    1. We are technologists. Like any other sort of craftsman or artist or artist, we have a deep respect for the tools and methods of our trade.

    2. The effect of these laws is to either blunt our tools into uselessness or turn them into convoluted black boxes that only a privileged few are allowed to completely understand and manipulate. Blunting a knife so that you can't cut yourself is morally equivalent to how the interest groups want to solve the issues you brought up.

    I have little trouble understanding why Morimoto thought Bobby Flay an ass for standing on his cutting board. In the same vein,
    Frank Zappa didn't think much of the stage theatric of smashing a guitar on stage. Both are merely tomfoolery however. What the xxAA and the politicians want to do is send thugs into our hardware stores to remove the beautiful and useful in favor of stunted ugly things "Da Boss" approves of.

    1. Re:Short answer by mumblestheclown · · Score: 1
      In short, your view is that technologists should not be concerned with how their creations are used. In your view, laws that restrict how or what technology you create are bad. Because you are a 'craftsman', you are completely absolved from any real thinking or restrictions about implications, whatsoever. Furthermore, nobody else should be able to put any restrictions on the use of your output, because you are a 'craftsman.'

      The world has achieved brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical midgets." - Omar Bradley

      In hiding behind your "I am a craftsman" defense, you are truly an ethical midget.

    2. Re:Short answer by NormalVisual · · Score: 1

      In your view, laws that restrict how or what technology you create are bad.

      When it's done merely to prop up a dying industry at the expense of the public good, you bet.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    3. Re:Short answer by frogstar_robot · · Score: 2, Insightful

      In short, your view is that technologists should not be concerned with how their creations are used. In your view, laws that restrict how or what technology you create are bad. Because you are a 'craftsman', you are completely absolved from any real thinking or restrictions about implications, whatsoever. Furthermore, nobody else should be able to put any restrictions on the use of your output, because you are a 'craftsman.'

      The world has achieved brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical midgets." - Omar Bradley

      In hiding behind your "I am a craftsman" defense, you are truly an ethical midget.

      Since you closed with an insult, I'm going to open with pointing out that you are a snarky cheap-shot artist. You also just blew any chance you might have thought you had to change anyone's mind.

      The responsibility for the use of any implement be it knife, gun, computer, or screwdriver lies with the user of the implement. Turning useful implements into dull plastic Fisher Price toys does nothing to alleviate the fact that people basically suck. Other methods can be and are effective against this sort of thing. Copyright infringement is a social problem and is only properly dealt with by social means. There is not and never will be a technological fix that takes care of it once and for all. Try searching for say ROMs for MAME. At one time, the entire collection could be pulled from some sites with wget. These days it takes hours of searching to get one. This is about the best you can expect. If you squeeze people any tighter than that and fill their electronic property with monkeywrenches then expect a (thoroughly deserved) monkeywrenching in return.
    4. Re:Short answer by mumblestheclown · · Score: 1
      • Toy manufacturers who make guns that could be confused with real ones are obligated to, and generally see nothing wrong with, placing distinguishing orange plastic nozzles at the ends
      • The makers of 'Bratz' and other socially irresponsible fare, while successful in the marketplace, have pressure put upon them and are shunned. They are seen as scoundrels.
      • Meanwhile, eMule and YouTube could have much better built-in method, inperfect, yes, but perhaps better with time, that allowed users to collectively flag and, for example, if some flag threshold is reached, block objectionable content. it wouldnt be perfect, but, as piracy is a game of attrition, not absolutes, it would be unreasonable for it to be anyway. there is no such mechanism. instead, let's just throw up our hands and say 'it's a social problem!' all the while downloading the latest new stuff.
      • You are correct that it is a social problem and that there will never be one great technological fix that solves it all. However, if you accept that it's a social problem, then:
        • You should not be so aghast at the idea of fixing it with laws (after all, laws are intended to fix social problems)
        • You should nevertheless support community efforts to CURB the problem.
    5. Re:Short answer by frogstar_robot · · Score: 2, Interesting

      You are correct that it is a social problem and that there will never be one great technological fix that solves it all. However, if you accept that it's a social problem, then: * You should not be so aghast at the idea of fixing it with laws (after all, laws are intended to fix social problems) * You should nevertheless support community efforts to CURB the problem.

      You're either talking past or not getting what torques me and "the Slashdot crowd" off: Screwing up our hardware with "Fritz Chips" and then criggling up the software that runs the Internet so that only "Fritz Compliant" equipment can get online in the first place. Fucking up our computers so that only the likes of MicroSoft can truly program them is NOT tantamount to marking a child's toy as such. Keeping our hardware above the child's toy level is very much what we are about here; it is one issue you damn well count on to generate "community action". Secondly, I'm not against reasonable laws made by people with at least a modicum of clue. Diane Feinstein is notorious for basically letting the xxAAs draft legislation for her. The xxAAs are nasty middlemen who operate according to The Golden Rule namely "He who has the gold makes the rules." They screw both artist and customer and I don't especially give a rat's ass what hurts them. This opposition to pissing in our Wheaties is not an objection of any kind to community morals. Incidentally, many of are writing our own software and making our own entertainment under licenses and legal regimes that are FAR more compatible with community ideals. Many of us DO condemn piracy and instead advocate things like Creative Commons licensed content and FOSS software. For some reason, entrenched interests seem to find that to be more dangerous. I often think they'd rather suffer piracy than risk what "rolling our own" brings. BTW, We are not a monolith here. But even the MS fanboys don't seem to want their machines fucked over.

      Just law respects everyone and not simply those who draft it to suit themselves then fork over bags of campaign contributions to get it enacted. The law is currently tending in the direction of letting companies like MS and cartels like the xxAAs dictate what we can and cannot do with our own hardware be it right, wrong, or indifferent. Until there is some acknowledgement that not all technology users are criminals and have rights just as important as those of corporate copyright holders, then they won't get any sympathy. A few years ago, Orrin Hatch tried to push through a law that would permit copyright holders to remotely disable PCs and other equipment if they merely suspected infringement. Since they can't achieve that in one fell swoop, they are doing it piecemeal. This shows a far more profound lack of respect of rights both property and moral then anything you'll see from "The Slashdot Crowd". As long as the laws proposed are blatantly unfair products of raw avarice rather than a genuine desire to serve ALL of the public then yes they'll be almost universally opposed.

    6. Re:Short answer by masdog · · Score: 1

      You should not be so aghast at the idea of fixing it with laws (after all, laws are intended to fix social problems)

      Only in instances where the social problem leads to physical harm or violation of another's right to life. The government shouldn't be involved in creating new and more restrictive laws to solve tiny problems.
    7. Re:Short answer by westlake · · Score: 1
      Blunting a knife so that you can't cut yourself is morally equivalent to how the interest groups want to solve the issues you brought up.

      There are table saws which can stop in an instant before amputating your fingers. The technological solution protects the user. The saw still does its job of cutting wood.

      We are technologists. The effect of these laws is to either blunt our tools into uselessness or turn them into convoluted black boxes that only a privileged few are allowed to completely understand and manipulate

      You are the elite, both economically and technically. To everyone else, a computer program or a piece of hardware is a black box only the privileged few can understand and manipulate to their advantage.

      The Geek is wholly blind to the impression he makes outside his own community. There is a price to be paid for this, and I think the bill may be coming due.

      The free-as-in-beer music and movies on the P2P nets can be most simply described as a middle class entitlement.

      You need a computer, broadband service, a burner, gigabytes or terabytes of storage to get that far. The spindle of disks you buy without thinking represents three hours work at minimum wage.

      It is the paying customer, the clerk at Walmart who buys a Disney movie for her kids, who subsidizes your P2P habit.

    8. Re:Short answer by Brad+Eleven · · Score: 1
      (after all, laws are intended to fix social problems)
      You might want to think on that a little more. Start by looking into how well previous, current, and predictable attempts to legislate morality turn out.

      Perhaps you refer to laws against obvious problems, like murder, theft, and the like. These laws are most certainly not meant to fix these problems. Their intent is to deter them, e.g., there's no fix, just some elaborate workarounds for known bugs. And we don't have the source code.

      Compare/contrast to restrictions on source code to dangerous implements sold on the open market.
      --
      "Press to test."
      (click)
      "Release to detonate."
    9. Re:Short answer by Anonymous+McCartneyf · · Score: 1

      The makers of Sony rootkit CDs and other irresponsible methods of controlling Sony content, while successful in the marketplace, have pressure put upon them to be somewhat less irresponsible and are shunned. They are seen as scoundrels.
      But, as long as they are successful in the marketplace, they aren't worried about being called scoundrels. They have been called scoundrels for decades, after all.
      They hang out with each other and the artists who have signed with them. They check the zillions they have stuffed under the mattress, to make sure it's all there. They are content to continue to control content.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  32. theft!??-Borrowing. by Anonymous Coward · · Score: 0

    "For fox sake, copyright infringement is *not* theft!"

    Neither is formula "borrowing"

  33. Mod parent up by Dobeln · · Score: 1

    No mod points, sadly - but entirely true. Personally, I am hoping for a standoff where the pirates keep a marginal upper hand, so that me and other tech-savvy people can continue to reap the benefits of piracy while product flow is uninterrupted. I haven't bought a CD or rented a movie in years. (2000/2001 or something for CD:s I think, 2002 for movies)

  34. Money Trail but from a different angle by Anonymous Coward · · Score: 1, Interesting

    You are absolutely right in your analysis of all of the other players in this. No one stands to benefit from it since satellite radio is not a source of piracy. The answer is Occam's Razor: remove all of the other players from your formula.

    Headlines appeared recently announcing that Howard Stern received a huge stock bonus due to the large number of satellite subscribers. Suddenly Congress needs to introduce legislation to regulate some aspect of the industry. I noticed the same thing starting happening when video games sales shot through the roof. Suddenly there was a need to regulate.

    Congress is all about getting re-elected which of course requires money. They can only go to the same sources so many times, so when a new industry or technology issues a press release to lure investors or some trade magazine interviews a CEO on their success, it is like chumming the waters for Congress to step in and "regulate".

    This is really a way for Congress to get a new source of campaign donations flowing in their direction. Introduce a bill that will appear to substantially drive up costs or lower sales for an industry and the industry heads will realize that it is going to be a lot easier for them to donate to the campaigns of the named sponsors than to try a fight the bill with a PR campaign or by donating to their own proxies in Congress. Then, after some time has passed and enough donations have been squeezed, the bill will be removed of any teeth and Congress can claim a "victory" for whatever straw man they set up to knock down whether it is copyright infringement, exposing children to violence, or whatever.

    If the CEOs are not forthcoming with the donations, then the next step to shake them down is to hold Congressional investigations and hearings. Because Congress sits as both judge and prosecutor, they have (as we have seen time and time again) and extremely unfair advantage in their ability to paint whoever they are questioning in a bad light (greedy, ignorant, uncaring). These have the potential to be PR disasters for the industry or company and will affect their bottom lines with much bigger numbers than any campaign donations.

    Congress is often the lackey for various interests to take a comparative advantage and turn it into a monopoly, but when there is no obvious beneficiary of legislation, the true beneficiary is usually Congress itself.

  35. whack-a-argument. by Anonymous Coward · · Score: 0

    How long will people continue thinking only about themselves...on both sides?

  36. aye aye by Mateo_LeFou · · Score: 1

    I for one and tired of getting upset about this crap. Fact is, the US and the current powers-that-be in the "content industry" are just going to get smoked over the next decade. They're trying t o sell horses and buggies to people who already own free fusion-powered rocket cars. Have you guys seen Jamendo? Thousands of records; download as you please. Stream 'em. Only 20 or so from the U.S. last time I counted. Good music, though.

    --
    My turnips listen for the soft cry of your love
    1. Re:aye aye by faolan_devyn_aodfin · · Score: 1

      Well unfortunately this is how government works. Perhaps it's time for a peasant revolt in this soon to be corporate state? Civil war is a terrible thing, but I'd rather fight for my freedom and die than live my life as a serf in a fascist oligarchy. I for one would be honoured to serve such a cause even if it means losing my head.

      Too bad most people are spineless cowards who will follow any law at the threat of a little jail time, but what happens when the government uses law not for justice, but for control? That is tyranny. Most people nowadays see the law as a method of enforcing control not as a method to bring justice to those who actually do wrong therefore in their own rights they have become slaves without fetters. One needs not chains when one is bound by their own perceptions and thoughts.

      --
      Pagan? Geek? Check out #paganism on Freenode IRC
    2. Re:aye aye by Lectrik · · Score: 1
      Civil war is a terrible thing, but I'd rather fight for my freedom and die than live my life as a serf in a fascist oligarchy.


      And the timing couldn't be better, let's start a civil war while all the troops are off fighting someone else's civil war. Perhaps the geek community should get together and get enough people with some brain power into congress to block this sort of thing. That and to give the bills much more 1337 acronyms.

      Who would vote against the America Lawmakers Like You Otherwise Utterly Relishing Bombing And Sending Explosions if All Rights of EveryBody Ever Living in Other Nations are Greatfully Turned Over to the United States ACT
      Since it's still under review all I can say about the body of the act is... Make Your Time suspected enemy combatants.

      #insert Take off every Zig joke here#
      teehee

      I'd personally prefer the Nation Of Americans Can't Read Obfusticated and Novelly Yclept Material Act to prevent congress critters from giving a bill any acronym that is even slightly misleading (ie Patriot act) [wow, scrabble dictionary FTW!]
      --
      --- As to make my comment seem, by comparison, more intelegent... doodie doodie doodie poop poop poop!
  37. Why this is necessary-One argument fits all. by Anonymous Coward · · Score: 0

    Two reasonable posts (One sitting at troll. Imagine that). The only thing I have to add at this point is that slashdot forgets that piracy isn't JUST an RIAA issue. Nor is it MPAA. Piracy affects EVERYONE that creates. All the slasharguments like to cast it as David vs Goliath. But it's not. It's bigger than that.*

    *It's a failure of human society in general, but that's a discussion for another time.

  38. Stealing by Anonymous Coward · · Score: 0

    "Stealing", as defined by (insert favorite industry group/misguided Congressman here) is WRONG WRONG WRONG! Got that? It is WRONG! But intimidation, lying, cheating, and misrepresenting facts and relevant law is entirely okay so long as you're doing it to preserve and protect your cash flow.

  39. our "representatives" by Anonymous Coward · · Score: 0

    Are these the same folks who are supposed to represent us, the people? I don't believe that the democratic majority of us would agree with such a bill. Man, something smells fishy here...

  40. Dianne Feinstein... by Codename46 · · Score: 1

    She's most notorious for her advocacy for the 1994's Assault Weapons ban in the U.S, which did absolutely NOTHING to lower homicide rates. I hope the Senators who are against this realize her history of stupidity and vote against this.

  41. I just fired off a quick email to my congressman by Anonymous Coward · · Score: 1, Insightful

    Did you ?

    A quick " please dont support this act", took no time.

    If your in the US, take an extra minute, and let your congressperson(s) know what you think.

  42. Some things never change by Anonymous Coward · · Score: 0

    Meet the new government, same as the old government.

    After you strip away abortion & gay marriage, what the fuck is the difference between (D) and (R)?

    The so-called choices we have at the polls are just an illusion.

    It's getting pretty damn near time for some real ass-kicking in this country, with bullets, baseball bats, whatever. When it does come, however, I hold no hope, that anything will get any better. Seems there's just too many people that want to get and keep power, that even the leaders of the next revolution will probably turn out be even worse.

    Crap, now I'm *really* depressed.

  43. Letter to Sen. Amy Klobuchar (D-MN) by SnowDog74 · · Score: 5, Insightful

    Dear Amy:

    As a content creator in my own right, and a Copyright holder of both written and recorded content, I do not see the PERFORM Act legislation, put forth by Sens. Alexander, Biden, Feinstein and Graham as being conducive to protecting the pre-eminent rights of "fair use", encouraging competition and creativity in the marketplace, or protecting the rights of copyright owners from substantial losses.

    In 1996, I authored a paper on internet music distribution as a student conducting research at the University of Minnesota. It was clear then that the world is moving into an age of internet distributed content. What was not clear, least of all to the senators who enacted the 1998 Digital Millennium Copyright Act, was that the negative reaction to internet distribution from the recording industry had little to do with losses from piracy.

    The truth is, RIAA is scared to death of the internet. It threatens a distribution monopoly they have held since the 1940s (see Shemel and Krasilovksy's "This Business of Music"). The internet represents an opportunity for individuals such as myself to gain audiences worldwide without resigning to the fiefdom of a recording contract in which the recording artist is made a debtor to the recording company. In the 1990's, fewer than 15 percent of recording artists from major recording labels sold enough copies to break even on the recording advances paid to them to cover the COSTS of recording the album being produced for the record company's gain and to a lesser extent their own. This means that 85 percent of the recording artists then did not see a dime of royalties for their creations.

    The world is on the edge of a revolution in independent film making and music making... and the recording industry wants to stop this under the guise of antipiracy legislation. Note that I discourage people from supporting illegitimate downloads because that only solidifies RIAA/MPAA's case to lobby senators just like you to enact such unnecessary legislation... putting a clamp on internet distribution. RIIAA throws lawyers at every grandmother and twelve year old and from my experience employed in internet security enforcement, I can see they're ice-skating uphill. Again, I refuse to support their business case by piracy and instead voice my support of internet distribution by purchasing exclusively through legitimate services like iTunes to show this IS a profitable channel of distribution. However, they're ice-skating uphill nonetheless... but they know it. They have no choice because when artists realize we don't need to subject ourselves to the modern form of indentured servitude, record company executives will be forced to either think innovatively or find another business to work in.

    I urge you to condemn the PERFORM Act which seeks to stifle the rights of consumers IN THEIR OWN HOMES, rights which were established by 17 USC 1, 107, and further reinforced by the 1992 Audio Home Recording Act which protected the consumer's right to record broadcasts for their own, personal use. There are already laws protecting piracy and illegal distribution, and these cases should follow due process of law and have their days in court... but this legislation is, like DMCA, aimed squarely at attempting to stifle the inevitable decentralization of RIAA's distribution monopoly and seems to make criminal even the recording of content from individuals such as myself who have created our own material on our own dime, in our own studios, with our own equipment, our own imagination, and hoped that the internet would give us a chance for our creative expressions to be heard.

    The internet is the common man's greatest weapon in the information economy against the tyranny of a majority or minority... and it is every Senator's duty, under Oath to the Constitution, to protect our pre-eminent rights from being eroded in this manner.

    Thank you for your valuable time and consideration.

    1. Re:Letter to Sen. Amy Klobuchar (D-MN) by frdmfghtr · · Score: 1

      Got a link to your 1996 paper?

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    2. Re:Letter to Sen. Amy Klobuchar (D-MN) by SnowDog74 · · Score: 1

      At this time, no. The only reason is that I had authored it as a print document and then lost the disk it was on. So I have no softcopies; unless my professor kept one, I have the only two hardcopies remaining in existence.

      It's not a very exciting read, as it follows a market analysis/business proposal type of format. It's not the kind of zeitgeist punditry you'd expect from all manner of bloggers these days falling over themselves to predict what the next great thing is going to be. It's just really a brief 10-15 page analysis of the state of the industry, the state of the internet and the points of potential confluence between the two... underscoring the need of record companies (in 1996) to seriously explore the potential of various technologies including Quicktime and Real. I only discussed Real Audio at the time because it was one of the only alternatives to Quicktime.

      Much of the paper is spent describing the current distribution model and how recording artists get paid... and how under this model 85 percent of them fail to recoup the advances paid to them. It's not really a "ooh ahh" vision-of-the-future kind of piece.

      I didn't really make any big predictions about where it would go from there. More or less I concluded only that internet distribution would open many doors for content creators to become distributors in their own right and that record companies would be wise to pursue internet distribution to replace their model which survives only because of litigation that is keeping it on life support... which is good for no one, not even record companies.

  44. well well well by Sfing_ter · · Score: 1

    That did not take long. Already the Demos are in the pockets of big business doing business as usual. All hail the the golden rule, and welcome our **AA overlords;
    make your time, all our base are belong to them.

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
    1. Re:well well well by Anonymous Coward · · Score: 0

      Lol, just lol. practically every politician is in someones pocket, and will remain so until the time when there are checks brought against the 4th branch of government, money. If our forefathers could have foreseen these shameful assualts on the freedom of americans, among others, they likely would have put severe limits on campaign finance and lobbying. Until there is a time when politicians can only use gov't funds to run for office, this shit will continue. I vote for Hunter S Thompson to be pieced together from his scattered fragments and reanimated and put into office =D

    2. Re:well well well by SETIGuy · · Score: 1

      Yep. Although comparing Feinstein to a Democrat is hardly fair. She makes Lieberman look like a pinko peacenik. It's too bad the Republicans didn't run a real person against her. But then again, why would they run a Republican against a Republican?

      Please write a letter to your senators and representatives expressing your dismay. Let them know they are beholden to the voters, not to their donors, and that the voters won't put up with this crap.

    3. Re:well well well by pNutz · · Score: 1

      One little click will take you to the bill's sponsors and remove your head from your ass...

      Oh wait, you're a douche. Heavy on the vinegar, too.

      --
      Death and danger are my various breads and various butters.
  45. s/loose/lose/ by Morosoph · · Score: 3, Insightful

    Thank-you.

  46. Useful acronyms by Per+Abrahamsen · · Score: 2, Interesting

    I'm one of those externally financed researchers, who are involved in a lot of different projects. Giving these projects some short and easy to remember shorthands makes life much easier. So finding a good acronym is useful. I suspect the same is true for bills in the political scene.

  47. Now that democrats own congress by kibbled_bits · · Score: 1

    It will remind everyone that Internet has a worse enemy than Republicans. The elephants are pretty hands off with the Internet, while the nannie party, well their gearing up to protect everyones children now.

  48. Except... by Morosoph · · Score: 5, Insightful

    The US will strongarm other countries into alignment with its own laws.

    It's about "level playing fields" until the US has to make a change, when it becomes about sovereignty.

    1. Re:Except... by Anonymous Coward · · Score: 1, Interesting

      With the Republicans in control, we get big oil calling the shots. With the Democrats, we get the entertainment industry and law lobby. Choose your poison.

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

      Um, Lamar Salamander and that Graham guy are Repugs.

    3. Re:Except... by Shemmie · · Score: 1

      You mean the entertainment industry isn't currently in charge? They could be even worse, if the Democrats got in? As a Brit, that's pretty shocking.

    4. Re:Except... by Danse · · Score: 1
      With the Republicans in control, we get big oil calling the shots. With the Democrats, we get the entertainment industry and law lobby. Choose your poison.

      I'm an independent, but if I had to choose between the two, I'd go with the one that doesn't get us into wars, so Democrats it is. I'd just feel really really dirty though.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:Except... by JWW · · Score: 1

      I'm an independent, but if I had to choose between the two, I'd go with the one that doesn't get us into wars, so Democrats it is. I'd just feel really really dirty though.

      Try saying that after the Democrat allowed *IAA police force comes and takes you out of your home and puts you in one of their copyright reeducation camps. ;-)

    6. Re:Except... by deKernel · · Score: 0, Troll

      Just for the record, it wasn't the Republicans who started the war. It was the Muslim extremists who started the war. It is the Muslim extremists who are OK with kill YOU for not converting to their "religion". Now it is your fault for not seeing the situation for what it is.

    7. Re:Except... by Wildclaw · · Score: 1

      9/11 may have been the reason for the Afghanistan war, but anyone who thinks the US attacking Iraq had anything to do with terrorism needs to get their head examined. The adminstration had wanted to invade Iraq long before 9/11. The anti-arab sentiments coupled with some well timed WMD propaganda just made it so much easier.

      The only thing I don't get a 100% is why the Bush administration wanted to attack Iraq. Most likely a combination of factors, ranging from money (oil, war contracts) to diplomatic (Saudi Arabis, Israel) and even personal reasons (Bush Senior not finishing Hussein off).

      It was a very costly decision for US though. Not only is the war costing lots of resources and lives. It also managed to use up an incredible amount of goodwill worldwide (Far more than the US gained from the 9/11 attack).

    8. Re:Except... by cayenne8 · · Score: 0
      "9/11 may have been the reason for the Afghanistan war, but anyone who thinks the US attacking Iraq had anything to do with terrorism needs to get their head examined. The adminstration had wanted to invade Iraq long before 9/11. The anti-arab sentiments coupled with some well timed WMD propaganda just made it so much easier."

      Well, I don't think anyone thinks/thought the start of the Iraq war was due to 9/11. However, Saddam never fully complied with the terms of surrender from Gulf War I. He did have and use WMD.......and never fully opened up to the US and the world that he was completely out of the WMD business and had destroyed all he previously had. If he had...he'd most likely still be in power and avoided that nasty rope around the neck business.

      When a surrendering country doesn't abide fully by terms of surrender....the war is still on.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    9. Re:Except... by Anonymous Coward · · Score: 0

      Um, first 100 hours...? Crossover voting? All politicians are whores anyway? etc..

    10. Re:Except... by Breakfast+Pants · · Score: 1

      I don't think anyone thinks/thought the start of the Iraq war was due to 9/11.

      Are you sure? The Bush Administration claimed Sadam had ties to Al Qaeda. You don't think *anyone* believed him?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    11. Re:Except... by LunaticTippy · · Score: 1

      I dunno...the last time the Democrats ran things there was no such thing as rootkit CDs, DRM'd music files, endless RIAA litigation, etc. Those all happened under Republican rule. I'm wary of any politician, but let's not paint anti-RIAA halos on the Repubs yet.

      --
      Man, you really need that seminar!
  49. why this is UNnecessary. by killmenow · · Score: 1

    Slashdot has shown over and over again:

    • The 'technology community' in general has shown no interest in building systems and standards that contain provisions for reasonably safeguarding IP contentholders legal rights

    I disagree. Posters on slashdot, as you yourself concede, is hardly the technological community. Microsoft, Apple, Sony, Real Networks, Adobe, Intel, and 90% of the commercial businesses in the digital content arena have put a great deal of money and effort into "reasonably safeguarding IP". There exists plenty of tools out there that reasonably safeguard IP contentholders' legal rights and Apple has sold over 2 billion songs including it. How much money has been spent developing TPM?

    Instad, we see that

    • The 'technological community' in general has shown little to no interest in establishing a culture that encourages the safeguarding of IP contentholders legal rights

    Not true. The 'technological community' in general are proponents of copyright (the GPL couldn't work without it, after all) and does not encourage disregarding anyone's legal rights. They have, on the other hand, encouraged the corporations bent on restricting users' legal rights be denied that power.

    As a result, it is not unreasonable for lawmakers to address the problem by passing laws.

    I would posit that it is not unreasonable for lawmakers to address the problems their political party, campaign contributors, power brokers, and other peddlers of influence bring before them...regardless of whether the "problem" is in the best interest of their constituency in particular or the country as a whole because *that* is how they get re-elected. And
    that is what this bill is really about.

    Unfortunately, many of the laws they pass (including, at first glance, this one) are overbroad, over-reaching, ham-handed, unworkable, and/or completely ignorable. This is only partly because politicians and lawmakers are torpid and ignorant. The larger problem is because truly legislating such stuff is very very hard.

    I'll agree with you 100% here. But not only would I say it's hard, I would go so far as to say it is impossible. The simple fact remains: if it can be read, it can be copied. Period. There is no getting around that basic tenet. And with digital distribution over the Internet, ONE copy is all that matters.

    Are we ever, even once, going to see an article that says "hi - look - the RIAA and MPAA may be arseholes, but they do have a point. software / movie / music / whatever piracy is a serious issue. how would YOU solve it?"

    Doubtful. Because the argument that it really IS a serious issue are specious at best.

    Of course, we can expect the usual dumb answers, which are:

    Saying someone's point is "dumb" hardly refutes it.

    It's not really a problem (implied: since the 90% of technologically behind the curve people can continue to subsidize the 10% serious pirates in places like the USA and Europe, while the consumers of the western world can continue to subsidize mass-pirating countries like China and Russia)

    I'm not sure how you quantify the difference between those "behind the curve", those who are "penny ante pirates", those who are more "mid-level pirates", and those who are "serious pirates". I have yet to see a study not bought and paid for by a content producer that really indicates a problem. Is piracy in China a problem? Well, it's certainly widespread, from all accounts. But is it an economic burden? Does it actually cost "Billions of dollars" every year? Again, the only studies I've ever seen are produced by the BSA, the MPAA, the RIAA, et. al., and include numbers for th

  50. .sig by Morosoph · · Score: 1

    "Some are born posthumously" -- Nietzsche

  51. Dems take control, just a primer by tfiedler · · Score: 1

    What did you all expect?

    The Democrats are historically anti-freedom; pro-Hollywood and anti-gun. Their anti-freedom platform is just different than the Republicans, who sell your freedoms to big business.

    I mean, after all it was a Democrat, everyone's (not mine) favorite Al Gore and his wife who came up with banning music under the guises of the PMRC.

    --
    Democrats and Republicans are like AIDS and Cancer, I want neither!
    1. Re:Dems take control, just a primer by spitzak · · Score: 1

      And the wife of James Baker, a Republican. Or perhaps you forgot? I know how memory is sometimes fragile.

    2. Re:Dems take control, just a primer by tfiedler · · Score: 1

      Notice that I deeply hate both political parties, but take great glee in pointing out to the morons tha count themselves a party member, how their respective horses all shit on the street.

      --
      Democrats and Republicans are like AIDS and Cancer, I want neither!
  52. In defense of the engineer by Per+Abrahamsen · · Score: 3, Interesting
    The world has achieved brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical midgets." - Omar Bradley
    In hiding behind your "I am a craftsman" defense, you are truly an ethical midget.

    No, the people who build the atomic bombs were giants, the people who decided to use them were midgets (actually, they were not, but that it another discussion).

    Refusing to impose your own morality on other people does not make you a midget. We scientist, engineers, and craftsmen create the tools with which humankind can build paradise on Earth. We do not impose paradise (or our view of paradise, which may be a hole lot nerdier than others) on them.

    1. Re:In defense of the engineer by Watson+Ladd · · Score: 1

      Ideally people would be smart enough to do that with the tools we give them. Unfortunately they seem more intent on having a small group of corperations dictate their view of paradise to them.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    2. Re:In defense of the engineer by IvyKing · · Score: 1

      No, the people who build the atomic bombs were giants, the people who decided to use them were midgets (actually, they were not, but that it another discussion).


      The decision to use nuclear weapons on Japan was ultimatelly Harry Truman's and it was the correct choice. The real atrocity committed by an Allied politician of that era was Chamberlain's appeasement of Hitler which led to the European theater of WW2 - the Asian theater started in 1931 when Japan invaded China.


      FWIW, Japan came very close to provoking a full scale chemical and biological war with the US - fortunately for Japan, the Japanese sunmarine carrying the jars of bubonic plague infested fleas was sunk en route to the Mariannas.

  53. Say hello to P2P streaming by popo · · Score: 1

    There's another answer, and people have talked about it for years now, although its never
    really caught on: P2P Casting. ...and there's absolutely no way in the world to stop it as long as its decentralized
    and headquartered (if its headquartered at all) from offshore.

    Its time.

    --
    ------ The best brain training is now totally free : )
  54. Acronyms by Descalzo · · Score: 4, Funny
    Those acronyms are the responsibility of the Federal Acronym Research Team.

    Oh, how I wish I could take credit for that one. I got it off Jon Stewart.

    --
    I cried real tears when Li Mu Bai died.
    1. Re:Acronyms by bwd234 · · Score: 1

      "There's nobody as tolerant as a kid you can lick."

      John D. Fitzgerald


      Funny, I thought it was Michael Jackson.

    2. Re:Acronyms by evilviper · · Score: 1
      Those acronyms are the responsibility of the Federal Acronym Research Team.
      ...or "NAMBLA".
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Acronyms by Anonymous Coward · · Score: 0

      I'm trying to get Jon Stewart to join the Coalition for Uncensored Network Television.

  55. Re:Goodby Internet Radio? I don't think so by legojenn · · Score: 2, Interesting

    but Americans don't like stuff made elsewhere.

    --
    I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
  56. Democratic reform? by Generic+Guy · · Score: 1

    Not to get too political, but the summary ought to include the party affiliation details:
    Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC)

    Two of those Senators are Democrats, and this is one of those nefarious 'bi-partisan' bills. In other words, having won majority (barely) in the last election the Democrats are back to screwing over the citizens whom just voted them back into power. -sigh- Nothing ever changes.

    --
    { - Generic Guy - }
    1. Re: Democratic reform? by m0llusk · · Score: 1

      Not at all. Both of the "last election" Democrats you point at, Biden and Feinstien, are long term fossils that have far outlived their usefulness. Feinstien got reelected because she is a Democrat and people forgot about the V-chip fiasco, never having really noticed it in the first place.

    2. Re:Democratic reform? by /dev/trash · · Score: 1

      They all look like Dems to me.

    3. Re:Democratic reform? by reboot246 · · Score: 1
      Dems, Repugs, they're all nearly the same nowadays. I don't trust either party. All a politician cares about is re-election. Then, after they're elected, all they care about is passing laws to benefit the ones who gave them lots of campaign donations.

      Next election, let's all pledge to vote out ALL of the incumbents. Yes, even your own personal favorite.

      Wanta try the Libertarians?

  57. Re:Goodby Internet Radio? I don't think so by BakaHoushi · · Score: 3, Funny

    To continue with the slim jim analogy, they are also shirvled up, wrinkly strips of flesh. =p
    And from a salary stand-point, most politicians don't make much money, at least when compared to other "higher ups" on the social ladder, and deducting campaign costs. The real money comes from sponsors and under-the-table deals.

    These people make laws at random, it seems like it must be some kind of drinking game. "All right, Kennedy vs. McCain! Whoever drinks 20 shots first wins. Loser has to finish his, drink another 10 shots, then write 5 bills about regulating the Internet!"

  58. The analog hole lives on... by Carson+Napier · · Score: 1

    DRM schmeeee RM! I grow weary of all this legislation lobbied by the RIAA and MPAA. Their brick-and-mortar way of rakin in the big bucks is dying and they panic. I wonder how much they spend rying to save money that isn't getting stolen??? Just because one method of delivery is under attack doesn't mean the end of streaming either. People get very innovative when the want something they been told they cannot have. It wouldn't surprise me the see a new method of streaming arise from it all. Remember the sharpie marker defeating Sony's copy protected CD?
    ...and remember there's always the analog hole too. If you can hear it, or see it, you can copy it & broadcast it!

    --
    If I wanted my mind made up for me, I'd do it myself!!
  59. What about working on health care instead? by purpleraison · · Score: 0

    These senators should be focusing in on providing health care for American citizens, at a time when many citizens can hardly afford basic health services and/or do not have health coverage. Certainly, their time would be far better spent doing something good for 300 million Americans, as opposed to spending their time lobbying on behalf of the music industry for their own self-serving rea$on$. ...but I could be wrong...

    --
    I am open source, and Linux baby!
  60. Platform Equality??! by Anonymous Coward · · Score: 0

    Sitting here on my x86_64 laptop running 64bit Ubuntu I severely doubt any kind of equality would exist with a law like this (but I doubt it will get passed anyway). Clearly it would be a Microsoft Windows only implementation, with no way for others to implement it on other architectures, just like Windows Media formats (emulation of OS or hardware is not equality by the way, it is a dodgy, sneaky hack to get around the inequality by makng everything into 32bit Windows on an x86 [from the codec's point of view]). I know MP3 has it's problems, but with sites like this http://www.mp3machine.com/ (came up in a quick Google search), and software like this http://home.online.no/~ingeroey/AROSAmp/ being released one has to admit that MPEG audio truly does have "platform equality".

  61. Bipartisan by toddhisattva · · Score: 1

    This is the true meaning of "bipartisan:" both parties getting together to act like idiots.

  62. Re:PERFORM ??? by frdmfghtr · · Score: 4, Funny
    I think you got it wrong...

    BRIBE:
    Bringing Really Innocent Bills in Exchange Act


    It should be Buying Representation In Backroom Exchanges
    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  63. language and restricted rights by that+this+is+not+und · · Score: 1

    would restrict our rights to make non-commercial recordings under the Audio Home Recording Act of 1992,

    One remarkable thing is that the language used in the summary, and indeed the language of the law and our 'culture' as it surrounds this topic, makes it seem by the above that people will be restricted in their right to use a microphone attached to their recording device of choice to record the natural sounds around them, and their own creative output.

    Whereas what most people actually mean by 'home recording' is the right to make yet more copies of copies of copies of the sounds a very few people made in expensive rarified environments.

    I'm sorry, but shuttling around copies of copies isn't impressive, and very few people's creativity is thwarted when they're prevented from doing so.

  64. inaccurate /. summary; analog hole by bcrowell · · Score: 1

    When I read the /. summary, it sure put a scare in me: restrict our rights to make non-commercial recordings??? I record my own music for fun, so that seemed pretty bad. But if you read the article, it doesn't say anything about that. It talks about recording (copyrighted, commercial) songs off of the radio, not making your own music.

    Anyway, for audio, the analog hole is basically impossible to plug, so the whole issue is vastly overblown. The analog hole for audio is like missile defense, where the countermeasures against any given defense are orders of magnitude cheaper and simpler than the defense. When people wig out about this stuff, they're really wigging out about the inability to easily make lossless, digital copies. The analog hole will always give you a way to make copies of audio through an analog step.

    The really scary thing about DRM isn't its application to audio, it's it's application to software, which could end up making all computers into sealed, proprietary systems.

  65. Re:Goodby Internet Radio? I don't think so by ThePengwin · · Score: 1

    *Dances on Australian soil*

  66. Re:Goodby Internet Radio? I don't think so by sgt_doom · · Score: 1

    Ya know, Biden and Feinstein are those specific globalists who claim to be democrats whose only purpose is to do the corporate bidding of their masters (although I believe Feinstein is among the plutocrats as well).....The other two are just Bushtards.....

  67. America, the land of the Free, not! by Anonymous Coward · · Score: 0

    I've noticed that the word freedom isn't as synonymous with America anymore

    so much for being a beacon for the world, now we all look to Sweden

  68. No, you're not done by Mateo_LeFou · · Score: 1

    Some people are going to start wanting computers that they actually have control over. Call these people "zealots" and "fanatics". Associate them with hippies, communists... When conversing with/about them, explain that most people "just want to get their work done, and don't have time for 'religious' issues like this." etc. etc.

    --
    My turnips listen for the soft cry of your love
  69. Two sponsors are funded by the media industy... by cutecub · · Score: 2, Insightful

    Dianne Feinstein has a long history of being in the pockets of media industry, Time Warner and Disney in particular.
    Joe Biden, as well, gets a great deal of money from the media instustry, its in his top 10.

    The motivating force behind Graham and Alexander is less obvious to me.
    I'm not optimistic that their reasons were any more noble than Feinstein and Biden, however.

    -Sean

    1. Re:Two sponsors are funded by the media industy... by Firethorn · · Score: 1

      Dianne Feinstein has a long history of being in the pockets of media industry, Time Warner and Disney in particular.

      I view this as just one reason that Feinstein tops my list of 'most hated senator'.

      For reasons 1-3, just take a look at my sig, then consider that despite being one of the most anti-gun senators, Feinstein was a holder of one of the few CCW permits issued in her district.

      --
      I don't read AC A human right
  70. Re:Goodby Internet Radio? I don't think so by Anonymous Coward · · Score: 0

    Me, too. There are several companies that I have permanently sworn off because of the egregiousness of their past conduct:

    SONY
    Microsoft
    Valve

    I get along fine without them. Do they get along fine without me (and others who feel like me)?

    Let's see, I dunno about Valve, but in recent years Microsoft and SONY both have suffered from stale revenues and stock prices. Hmmmmmmm.

  71. Platform Equality? by PPH · · Score: 1

    "If you enjoy MP3 or OGG streams of internet radio, it's time to pay attention. This week U.S. Senators Lamar Alexander, Joseph Biden, Dianne Feinstein, and Lindsey Graham decided to reintroduce the 'Platform Equality and Remedies for Rights Holders in Music (PERFORM) Act'. An Ars Technica article explains that PERFORM would restrict our rights to make non-commercial recordings under the Audio Home Recording Act of 1992, and require satellite and internet broadcasters to use 'technology to prevent music theft'.


    How about some real 'platform equality'? Impose the same DRM requirements on terrestrial broadcasters. Not likely, of course, as this appears to be yet another move on the part of the NAB to eliminate competition through lobbying.
    --
    Have gnu, will travel.
  72. Correction by Zonk+(troll) · · Score: 1

    I don't even think the Constitution is a consideration these days for politicians, if it ever was. I think they just pass whatever the hell their corporate sponsors want, and let the courts sort it out. Then rewrite as needed. But the way some of the supreme court justices act towards the constitution, it seems as if its barely in effect.

    --
    "The Federal Reserve is a fraudulent system."--Lew Rockwell
    End The FED. -
  73. We are technologists by cgenman · · Score: 3, Insightful

    1. We are technologists. DRM slows down our machines. Would you expect car enthusiasts to help create a top speed 65 MPH lock on their cars?

    2. We are technologists. We know that DRM on an open machine is mathematically impossible. And so to institute effective DRM, machines would have to be locked away from us, the end users. Us, who love the machines.

    3. We are technologists. We know that leaked copies spread exponentially, not linearly. Hence, if one person leaks something to the internet, everyone has it, and this DRM is useless.

    4. We are technologists. We know that all this level of DRM does is force people to spend thousands of dollars re-buying the same hardware, without actually solving the problem.

    We are technologists. But we are not one. Grandparent post, whose pro-copyright post claimed that pro-copyright posts were never modded +5, was modded +5. We are many people with many different opinions. We're all just looking for answers.

  74. This is not a problem by YGingras · · Score: 1

    ... it is the solution. There are RIAA free radios (Epiphany Radio is a pretty good one). This law will just push the other radios to play RIAA free content and it will finally promote the people without a label. At the moment the popular artists are pushed by the payola and you see internet radios without any payola benefits (though I might be wrong on that) pushing the same overrated artists just to sound like "real" radios. It annoys me and I'm glad to learn that we will now see a sustainable promotion platform for independent artists. With adequate radio playtime those artits will get known and will attract people at theirs shows and will sell the swags and everything. Radios play a really important role in the music world: they filter out crap. Yeah, in the independent world their is a lot of crap too and the home listener should not be expected to dig into that haystack in search of the proverbial needle.

    1. Re:This is not a problem by Anonymous+McCartneyf · · Score: 1

      Do you honestly think that this law will apply only to stations that play RIAA music?
      The RIAA represents only some of the recording industry, the biggest players, but it acts like it represents all of it. All internet & satellite radio will be affected, even stations that don't play anything on the RIAA radar. I imagine even talk radio would be affected.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  75. DMCA legislation enables streamrippers by ThereIsNoRadio · · Score: 2, Interesting

    I've been involved heavily in internet radio for over 3 years and running my own station ThereIsNoRadio for over a year now. We are constantly trying to keep within the guidelines of the DMCA and keep streamrippers off our streams when we see them. Unfortunately streamrippers would not function in the way described in Senator Feinstein's comments if not for the DMCA. The DMCA requires that we digitally include the artist, song title, and album that we are playing in the stream. The main reason for this seems to be to ensure that the RIAA can police us by tuning into any station stream and logging all the music played so they can collect evidence of DMCA violations and get us shut down. What it does instead, is allow streamrippers to search stream lists like shoutcast and find the songs they want, connect to the stream, and record just the songs specified by the user. If we were not forced by law to send this information, the streamrippers would only be able to record a long time chunk of our stream and the end user would have to listen to it and edit the file to extract the songs they wanted without any reference points. The only internet radio stations that I know of that actually make money are backed by major corporations (yahoo, aol, clear channel) or are the internet streams of corporate terrestrial am/fm stations. The rest of us pay for our bandwidth, our royalties, our music, etc. The royalties we pay to the RIAA are not just based on the music we play and how many people hear it. Our royalties are also based on how much money we spend to run the station as well as how much we earn. They get money based on our website hosting costs as well as our website advertising revenue, which is completely separate from the streams. We also pay a percentage of what we spend for advertising and marketing for the station. Our station and lots of other stations are heard on cellphones as well, with DRM forced formats, we will have to use additional bandwidth to send our stream to the cellphone stream provider. We will also have to spend more money on stream hosting to ensure that we don't alienate any of our listeners by streaming both windows media, and quicktime or realmedia drm formats, nevermind having to find a new hosting provider that can support it. If congress would do some research and quit letting the RIAA make the laws, maybe internet radio could grow as an industry, but they are pretty successfully forcing internet radio into the realm of hobby and making the costs prohibitive for even that. We have done and continue to do everything that congress asks of us and we still get accused of enabling theft, when it is the legislation that they write that is actually enabling the theft. They were better off when it was filesharing, but due to ignorance, they have made it a lot worse for everybody involved and this is the next move to destroy the internet radio that the RIAA can neither influence nor control.

  76. Feinstein form letter responses about PERFORM& by GodWasAnAlien · · Score: 1

    Feinstein clearly does not understand that the point of the copyright allowed in the constitution was to promote progress, not to protect rich corporations. She is clearly not a Democrat in this area. Here are some form letter responses that her office sends to complaints.

    Feinstein responds with a form letter about the PERFORM DRM act:

    http://slashdot.org/comments.pl?sid=193819&cid=158 92380

    And the same response to someone else:
    http://www.orbitcast.com/archives/congressman-resp onds-to-perform-act-dispute.html

    Feinstein response with a form letter about the DMCA:
    http://yro.slashdot.org/comments.pl?sid=21099&cid= 2234915

    "....
    If you have other questions or comments, please do not
    hesitate to write to me again, or contact my Washington, D.C. staff
    at (202) 224-3841."

  77. Let the Users be Heard by Anonymous Coward · · Score: 0

    You know what I feel needs to be done, Internet Radio stations need to put up informative on-air "public service announcements" every 30 minutes about this bill. Force the vast majority of users to speak up, as 99% of people listening out there probably know nothing about this, nor will ever until it gets passed into law.

  78. A-hoes by yusing · · Score: 1

    Too bad congress hasn't got anything *important* to worry about.

    It's GOT to get converted to analog at some time, you worthless bunch of clodds.

    --

    "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

  79. become a citizen pirate of sealand ... by Anonymous Coward · · Score: 0

    arr... the best way to escape this legislation along with having your servers located in sealand.

  80. Reasonable technology to prevent theft by Sloppy · · Score: 1
    Broadcasters would be required to "use reasonably available and economically reasonable technology to prevent music theft."

    There isn't any such technology, and there never will be. So, does this law outlaw all broadcasting, or is it a NOP?

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  81. How about Read the Bills Act? Flashey name ehh? by k1e0x · · Score: 1, Insightful


    I got one for ya, its called "Read the Bills Act". We can call it RTBA ehh? It makes politicians read and publish what they want to vote on and wait for us to have a chance to read it also.

    DownsizeDC.org

    no.. RTBA probably isn't "cool" enough for these slick cats.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  82. Party by Anonymous Coward · · Score: 0

    Lamar Alexander (R), Joseph Biden (D), Dianne Feinstein (I) , and Lindsey Graham (R)

  83. One Argument Does NOT fit all by bussdriver · · Score: 2, Insightful

    No perfect solution, but in fitting with the dead ideals that the USA once inspired the world with, the error should be on the side of liberty not on the side of state-imposed monopoly holders.

    1) By using the term Intellectual Property(IP) you already change the language of any argument towards 1 side. Property does not imply any temporary rights, its a permanent thing. Don't forget the power of terminology, the people who promote such terms don't.

    2) A great deal of man's progress was possible and still continues without great monetary incentive; which is the purpose behind protection of creative works, on the premise it will encourage more progress than occurs without it I shouldn't have to expand on this, other than to say that anything truly new comes from creativity (I'd argue even the accidental ones.)

    3) The creative works encouragement lost its focus long ago and now it is a protectionist racket. Most incursions on other liberties are incidental because the primary concern is protecting the racket.

  84. Re:Goodby Internet Radio? I don't think so by nurb432 · · Score: 1

    No, they understand they can extend the boundaries of legislation to be enforced outside the country by using WTO treaties to their advantage.

    --
    ---- Booth was a patriot ----
  85. Land of the free? by Anonymous Coward · · Score: 0

    America, home of the brave, land of the free?
    LOL!
    What an irony...

    Couple of decades ago, many people considered USA a good country, but its gone down hill, especially the last decade and since Bush was elected. USA is loosing all its freedoms, its constantly creating war with other nations and lobbying other countries to loose their freedoms. Yell some bullshit about "terrorists" and people are willingly giving up their freedoms even though they're more likely to get struck by lightning.

    USA is day-by-day becoming more and more like the crazy Muslim Arab countries like Iraq, Iran, Afghanistan, etc. They both have death-penalty. Difference is that USA don't "officially" torture people.

    USA is getting hated more than by just the militant islamists (read: terrorists).

  86. Words vs Money by chocolatetrumpet · · Score: 1

    You offer some words.

    Lobbyists offer big financial rewards, favors, vacations, etc.

    Consider human nature; who do you believe the legislators will choose to follow?

    I'm not saying we shouldn't try, but, there are bigger problems at play here...

    --
    Spoon not. Fork, or fork not. There is no spoon.
    1. Re:Words vs Money by SnowDog74 · · Score: 1

      I understand that. I also understand that I must do my part as a citizen. If citizens have any weight at all against lobbies, it's the power of the popular vote. If we fail to remind our elected Congress of this, then we have no chance. As citizens we also have pocketbooks, and I make my voice heard with my money as well... If we're all serious about change, then vote with your checkbook and pay for legitimate download services and demonstrate the validity of the internet distribution model. Record companies will have no choice but to enter that arena, and as they do, they'll be forced toward a more level playing field as long as we hold court over both the economy and the voting polls as a consumer collective.

      Throwing my hands up isn't going to accomplish anything. I also cannot suddenly conjure up millions of dollars but I don't have to. I can, however, encourage others to act as well. There are other issues, sure, but it takes a minute to write a letter on this particular issue. It takes no effort at all to modify music purchasing habits to support internet distribution.

      Whatever I choose to do, though, the reality is that internet distribution isn't going away. All the record industry can do is attempt to slow down the inevitable... they can't stop it. Despite that, I must still do my part to support its proliferation.

  87. Re:Goodby Internet Radio? I don't think so by evilviper · · Score: 1
    but Americans don't like stuff made elsewhere.

    That's okay... The rest of the (Western) world doesn't like stuff made elsewhere, either.

    That's why the majority of their music, and movies, were made in the US.

    It would be only too ironic for music made in the US to be exported to the rest of the world, only to be streamed back to US listeners, due to utterly moronic copyright laws.
    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  88. One Post Does NOT fit all by Anonymous Coward · · Score: 0

    "1) By using the term Intellectual Property(IP) you already change the language of any argument towards 1 side."

    Of course the anti-IP people would never be guilty of THAT.

    "Property does not imply any temporary rights, its a permanent thing."

    Eminent domain disagrees with you. Getting a title also disagrees.

    "Don't forget the power of terminology, the people who promote such terms don't."

    *rolls eyes*

    You must think everyone's a fool then.

  89. SOMEBODY get fucktard Feinstein out of Congress by Master+of+Transhuman · · Score: 2, Insightful

    Please!

    This bitch is more corrupt than Hermann Goering.

    She's also on board with attacking Iran (see my sig) - which, by the way, is heating up as Bush sends another carrier group to the Gulf, and is activating a third to follow, as well as delivering attack aircraft to Incirlik in Turkey - and now attacking Iranian personnel in Iraq. It's on for this year - maybe soon.

    Folks, if you thought Iraq was bad, you ain't seen nothing yet. William Lind is predicting a possible loss of the US military forces in Iraq if Iran is attacked. That's not a "defeat" he's talking about - he's talking about a LOSS - as in tens of thousands of dead Americans and headlong evacuation of the remainder and the loss of every piece of US equipment left there. All it takes is for the Shia militias in Iraq to support Iran and cut the 600-mile supply lines from Kuwait. Within thirty days, no food, water, or ammo left for the US in Iraq.

    Bush (and the rest of the stupid bitches in Congress supporting him including Feinstein) need to be stopped NOW by a Congressional resolution prohibiting Bush from launching ANY military action against Iran without a declaration of war by Congress and prohibiting him from using ANY nuclear weapons against a non-nuclear nation without authorization by Congress in advance.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  90. Abuse by Anonymous Coward · · Score: 0

    "2) A great deal of man's progress was possible and still continues without great monetary incentive; which is the purpose behind protection of creative works, on the premise it will encourage more progress than occurs without it I shouldn't have to expand on this, other than to say that anything truly new comes from creativity (I'd argue even the accidental ones.)"

    I forgot to address this point. The piracy argument isn't just about money (even though slashdot would like to turn this into a "money bad guys vs non-money good guys"). It's also about respect. Respect for the artists, and the work they do. Respect for when they ask you nicely not to do something. You don't give them the digital middle finger and continue doing it. The creation of open-source fits your "without great monetary incentive" (except when slashdot is doing a "how to make money with open-source" story). But no one in their right mind would argue that an abused and disrespected open-source community will continue to produce a quality product (hence the Tivo, Linksys, etc incidents). But you all do expect artists to contine producing, at quality levels, whatever it is you feel you have a right to no matter how you treat them which really is the gist of most "back before copyright" posts.

  91. Re:Goodby Internet Radio? I don't think so by westlake · · Score: 1
    But the best solution is a consumer revolt.

    Which would mean something if the Geek was a significant presence in the domestic consumer market.

  92. Re:Goodby Internet Radio? I don't think so by westlake · · Score: 1
    Say hello to Internet Radio {From anywhere in the world other than the US}

    How many American radio listeners have ever regularly tuned in foreign broadcasters?

    Shortwave, satellite, or streaming media.

  93. Hmmmm... by Personatech · · Score: 1

    So we threw out the bums who coddled the Oil Industry, only to bring in the bums who coddle the Entertainment Industry?! Great, just great.

  94. Fight the backronyms by The+Monster · · Score: 3, Funny
    You're probably biased by the fact that they put your name at the beginning of the backronym.

    Ah, well. I'm sure there's a way we can retaliate against Media Organization Representatives' Orwellian Nomenclature In Congress. If someone could just think of a way we could fight the Advocates for Spurious Senate and House Oligarchic Lobbying Efforts.

    The hard part will be not stooping to their level in the process.

    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

  95. government enslaving artists. by rogtioko · · Score: 1

    This bill is a bad idea: there are bound to be some artists who want to copyright their work but 'not with DRM encryption' but will be forced to encrypt the work anyway, which is bull shit. I'm a student and I'll record streaming internet radio when I want or die trying.

  96. Why this is hopeless by schwaang · · Score: 1
    The 'technology community' in general has shown no interest in building systems and standards that contain provisions for reasonably safeguarding IP contentholders legal rights

    The technology community has shown that it is a practical impossibility to prevent copy-ability, and attempts to do so are burdensome to the consumer, stifle innovation, and are doomed to be cracked anyway.

    Ultimately the answer to this problem is not a technological one. You (the *AA) need to spend your efforts educating people as to what is and is not fair use.

    When people are taught why copying a friend's CD is theft, but ripping to their iPod is not, a *surprising* number of people will do the right thing most of the time.

    This may sound hopelessly naive to you (or to anyone with a heart pumping greedy green goo), but there are tons of examples of the efficacy of public awareness campaigns if you just look.
    1. Re:Why this is hopeless by Anonymous+McCartneyf · · Score: 1

      So, we need the RIAA to teach everyone what is and what is not fair use, so that everyone has some idea of it and most consider it reasonable.
      We both know the problem with leaving it to the RIAA. What if they try to teach that there is no such thing as "fair use"? (We know that some people in the RIAA don't believe in it.) Or teach a far narrower scope of fair use than most people here would accept?
      I know that public awareness campaigns can work. But PSAs sometimes teach things that aren't 100% accurate, or at least things we hope aren't. I've seen "If you buy marijuana, you are funding terrorists" on a PSA.
      Imagine RIAA PSAs--I mean other than the one they've already run about illegal downloading ending the creation of all music. "For just $18 a month, you can help feed a starving artist!"

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  97. OK then, forget copyrighted music by davek · · Score: 1

    Would the easiest way to sidestep the whole mess be to just broadcast music that doesn't fall under the corrupt system of copyrights? I can't see how any legal argument could be made against broadcasting independent music with a non-DRM internet signal.

    If their intent is to find a way to slide in an FCC-style regulation into internet broadcasting, then I believe the constitution prohibits that.

    -dave

    --
    6th Street Radio @ddombrowsky
  98. I could have guessed by SageMusings · · Score: 1

    Just another day in California,

    Why is that either Feinstein or Boxer are always at the heart of legislation that screws consumers? Hell, each so damn wealthy it's hard to understand why they need to line their pockets any more than they already have.

    The real source of our misery is not these self-serving politicians, it's the voters with the short memories. Damn us all.

    --
    -- Posted from my parent's basement
  99. Re:Goodby Internet Radio? I don't think so by SageMusings · · Score: 1

    Can you explain the hostility toward Valve? I cannot recall anything especially egregious.

    Thanks.

    --
    -- Posted from my parent's basement
  100. Re:Goodby Internet Radio? I don't think so by faolan_devyn_aodfin · · Score: 1

    Don't worry, knowing these bunch of fucks they'll make it illegal to operate from servers located in a foreign nations, but I can bet that the would be a loop hole allow the government and corporations to continue to do so.

    --
    Pagan? Geek? Check out #paganism on Freenode IRC
  101. There's more... by faolan_devyn_aodfin · · Score: 1

    Hey, just wait until the **AA starts to push for levies on recording and production equipment. They already do it with CD-Rs, flash drives, and hard drives in some jurisdictions. All they have to do is claim that the components being sold can be used to reproduce copyrighted material. Then they'll extend that law to include instruments which a could also be used to reproduce copyrighted material.

    Then when they decide they aren't getting enough money from the taxes and fines they could switch to licenses which are expensive and require approval before purchasing through some sort of **AA designed system.

    Oh, the possibilities and oh crap... I hope I didn't give anyone ideas!

    --
    Pagan? Geek? Check out #paganism on Freenode IRC
  102. Oh it's not just Acts: by cadeon · · Score: 2, Funny
    Committee to RE-Elect the President: CREEP

    Seriously.

  103. We are a cliche. by Anonymous Coward · · Score: 0

    "We are technologists. But we are not one. Grandparent post, whose pro-copyright post claimed that pro-copyright posts were never modded +5, was modded +5. We are many people with many different opinions. We're all just looking for answers."

    Not as different as you think. Calling yourself technologists to begin with on a site titled "news for nerds" shows more in common than apart. If the news media can be accused of bias (both specific and as a general case), then so can slashdot.

  104. No new law is necessary by CharliePete · · Score: 1

    The owners of each and every one of these creative works already have the right to deny these services permission to use their works. Let them negotiate with these services for those protections in exchange for permission to use their works instead of creating new law.

    --
    "Never limit what you know to what you do", Me
  105. Stream Ripping vs Stream Recording by rustman · · Score: 1

    The comments in the Congressional Record do not make this as bad as it first appears:

    The main idea is that ``a company may not provide a recording device to a customer that would allow him or her to create their own personalized music library that can be manipulated and maintained without paying a reproduction royalty.`` This would be if an internet radio station distributed stream ripping software that split tracks and labelled them accordingly.

    ``This does not mean such devices cannot be made or distributed. It simply means that the business must negotiate the payment for the music outside of the statutory license.`` That would also mean that radio stations that have negotiated deals directly with their artists/rightsholders would be able to do this.

    ``In addition, if the device allows the consumer to manipulate music by program, channel, or time period that would still be permitted under the statutory license.`` So it's explicitly targeting streamripping that uses the meta data transmitted to split the tracks apart. Not to simple recording a broadcast, as pointed out in the next sentence:

    ``For example, if a listener chooses to automatically record a news station every morning at 9:00 a.m.; a jazz station every afternoon at 2:00 p.m., a blues station every Friday at 3:00 p.m., and a talk radio show every Saturday at 4:00 p.m., that would be allowable. In addition, that listener could then use their recording device to move these programs so that each program of the same genre would be back to back.``

    ``What a listener cannot do is set a recording device to find all the Frank Sinatra songs being played on the radio-service and only record those songs. By making these distinctions this bill supports new business models and technologies without harming the songwriters and performers in the process.``. This is largely targeted at Sirius and XM who are selling devices that scan their channels and pick out the tracks that a customer wants to listen to automatically. Basically, a programmable stream ripper in the satellite radio receiver. Devices like the Sirius S50, which are being promoted as an iPod replacement that's automatically loaded with new music from Satellite.

    Here is the irony for internet broadcasters:

    Stream ripping is possible because the RIAA demanded that net broadcasters send the information on what track and artist is playing, and this got put into the DMCA. This is what led to stream ripping.

    Internet radio broadcasters could simply turn off meta-data and prevent track-splitting type stream ripping. Simple solution.

    So the issue is that we need to separate DRM from stream-ripping. We don't have to add DRM to stop stream ripping... and DRM would likely stop all stream recording as well.

    This is the issue that needs to be presented to congress. DRM is not the solution to the problem they are trying to solve. Of course, the RIAA would love to trick legislators into mandating DRM, because the RIAA doesn't want you to be able to record ANYTHING.

  106. HEY! Copyrights ARE Immoral by argoff · · Score: 1

    All your premises fail to understand that people have a right to copy information that they posess, share it, sell it, or whatever. It is as pure as the right to free speech, and the right to free religion. So how will you make money without copyrights? That is a Red Herring, it's like asking "How will I make money without slaves on the plantation?" and an appropiate answer is, "respect my rights and figure it out".

    There is also only one appropiate way for lawmakers to address the copyright issue. Set the term to zero. Anything else is not only unacceptable, but obviously unworkable as society enters the information age. And that's the point, copyrights have always been overrated sewage, immoral, and a burdon on society, but in the age of print society could bear those costs. Now enforcement is having obvious, suvere, and unbearable costs everywhere we look. Any idiot can see it, but the rational follow it thru to a logical conclusion. Copyrights must be killed no matter what.

  107. Nope by Anonymous Coward · · Score: 0

    Just like our US laws succeeded in eliminating a worldwide problem known to our ancestors as "spam" right?
    Please consider the politics of your FUD before you spread it. Thanks

  108. Still True by Morosoph · · Score: 1

    Even if sometimes good. Looking at things objectively involves recognising that "good" and "bad" are sometimes orthogonal to "true" and "false".

  109. It's kinda already legal... by Anonymous Coward · · Score: 0

    In 1983 in the case Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984) the Supreme Court ruled that the recording of broadcast television (and by extension, radio) was not a copyright violation and constituted fair use.

    I imagine a similiar attempt by the RIAA/MPAA against satellite and internet radio broadcasts would also eventually be ruled unconstitutional and overturned by the Supreme Court. I can see Sirius, XM and other companies banding together to challenge the law -assuming it ever passes, which hopefuly it doesn't.

  110. Re:HEY! Copyrights ARE Immoral by Anonymous Coward · · Score: 0

    are speed limits also against your fundamental rights? in some ways, yes, of course they are. But rational people understand that they at times they must come to collective agreements so that all of society works better. Despite your immature ranting, any economist will show you thay copyrights and patents have been invaluable in history in fostering innovation and creativity. I repeat again: your view has about as much respectibility or defensibility as creationism does in serious science circles. Well, hopefully someday you'll grow up, perhaps study a bit of economics, and pull your head out of your ass. I'm not holding my breath.

  111. Re:Goodby Internet Radio? I don't think so by LunaticTippy · · Score: 1

    The real money comes after they've left office. Even a 1 term state congressman can make an easy lifetime 6-figure income as a lobbyist, plus all kinds of borderline illegal kickbacks, tips, and business deals. If you're a US Senator (especially multi-term) you're talking 7 or 8 figures minimum.

    --
    Man, you really need that seminar!
  112. Wow, you couldn't be more wrong by LunaticTippy · · Score: 1

    Scary amounts of americans think that saddam was behind 9/11. I remember the numbers being terrifying, around 90+% at times. Here is the first link (showing 70%) I found

    It got so lame. I remember Bush giving a vague uncommittal denial of any link, and the next week polls showed a majority of americans still believed Saddam had a personal responsibility for 9/11. It really doesn't help that to this day Bush et al talk about Iraq and the war on terror as if they were inseperable.

    --
    Man, you really need that seminar!