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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."

29 of 233 comments (clear)

  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 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.

  2. 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}

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

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

    1. 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.
  4. '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.

  5. 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.

  6. 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 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
    2. 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.

    3. 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)?

    4. 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
    5. 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.
    6. 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.

  7. 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!

  8. 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....

  9. 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.

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

    That's renumeration for rights holders not for artists.

    --
    Beep beep.
  11. 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 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.
  12. 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.

  13. 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.

  14. s/loose/lose/ by Morosoph · · Score: 3, Insightful

    Thank-you.

  15. 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.

  16. 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

  17. 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.

  18. 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/
  19. 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.

  20. 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!