Does anyone have any information as to what part of the law empowers SoundExchange to collect royalties for artists who do not have an explicit agreement with them?
SoundExchange collects and distributes all royalties under the statutory license.
If you can think of a simpler way to encourage a broadcaster to take a chance on the no-name band, a simpler way for the no-name band to be receive payment for every broadcast, let me know.
We should be helping the music cartels kill themselves, not trying to convince them of the stupidity of their actions. And I would rather my beloved internet radio stations go out as martyrs than forever hear them begging me for donations that will just end up going to the RIAA mobsters.
Not all of us are content with garage band performance.
There are entire genres of music that demand organization, talent, money, and resources that are very difficult to put together.
These stations need to start up alternate stations that make use of indies. The only reason why soundexchange/riaa is agreeing to this, because they are realizing that they killing the golden goose.
It seems worth inserting a reminder that the statutory license works to the advantage of the independent artist.
The broadcaster doesn't have to negotiate rights with 1,000 ephemeral no-name bands. He can broadcast pretty much anything he likes, anything that catches his interest, without fear of litigation somewhere down the road.
Learning to drive a manual pickup truck does not prevent you from learning to drive an automatic sports car. And the learning process will take less than a day.
car analogies are inherently suspect.
the pick-up and the sports car are two very different vehicles that function in two very different environments and you will be not be mastering one or the other in a day - no matter how experience you think you think you bring to the problem.
And let's not even get into the Medicare fraud perpetrated by for-profit home health agencies, going into fucking hospices to give physical therapy to terminal cases. Look! The patient is going to be dead inside a month, there's no need for --oooh, did I see money?
Hospice patients can benefit from physical therapy.
Simply having a terminal illness does not mean that we have to "give up" and lay down in bed and immediately die, as some may believe. Those patients who make the most of their remaining time usually experience the highest quality of life. Hospice is about improving the quality of life and providing comfort care, even if a "cure" for the disease cannot be made.
The physical therapist can evaluate your ability to move around safely in the home or facility. The therapist will determine what problems you may be experiencing in getting around: walking (if applicable), in and out of bed, transfer from chair to bed, into the bathroom, to and from a car or wheelchair. The therapist can assess {your} level of pain and provide physical therapies which can help to reduce pain. Strengthening exercises may be given if you would benefit from these, and the therapist can evaluate all the equipment or layout of your living situation to make it safe and easily accessible. Hospice Patients Alliance
The problem with hospice care is that too often it comes too late.
One in 10 hospice patients are referred "too late" for services, resulting in unmet needs such as adequate pain relief or emotional support... Even though experts recommend at least a three-month hospice stay, the average length of stay is less than two months. In fact, the National Hospice and Palliative Care Organization reports that 30 percent of people served by hospice die in seven days or less.
{Researchers] expected to find that when there was a short stay, there was an unhappy family. "Quite to our surprise, we didn't see a strong association. If we did, dissatisfaction rates would have been much higher. What I think the results are telling us is that the hospice industry really knows how to rally the troops. Doctors, nurses, counselors, clergy, social workers - they come in and work almost like a SWAT team. They immediately assess the needs and expectations of a patient and their family and make sure those needs and expectations are met so that the dying experience is comfortable. They pull together services fast. And this is reflected in the satisfaction ratings. Most families felt that a hospice referral came at the right time - even if it didn't."
One in 10 Hospice Patients Referred "Too Late" [June 28, 2007]
You're smart enough to write fancy virtualization software, but not smart enough to google about a very popular software license before you incorporate it into your commercial product?
Legal research demands a little more than you can get from Google.
Other possible counter measure would be to create a global consumer protection organization, which would seek for non-profit, charity status, and would qualify for tax-deductible donation and would take the legal defense of all RIAA accused members. One dollar yearly membership fee could create funding in the billion dollar range, not to mention the huge political influence an organization with a billion plus members could have.
In 2004 there were 12.8 broadband subscribers per 100 inhabitants in the U.S, 24 broadband subscribers per 100 inhabitants in Korea. Broadband lag could hurt the U.S.
For all practical purposes, no broadband service means no P2P exposure and no interest in your defense fund.
If you can believe in the "something for nothing" world of the file sharer, then you can believe that same world owes you a pro-bono defense when the RIAA takes you into court.
No need to spemd that dollar on anything else but another slice of pizza.
Just put the mobs in the right areas, place treasures accordingly... Viola!
The "right" areas?
The value of a randomly generated - but plausible - world is that it forces you to make the difficult decisions, ask the right questions. The answers aren't to found in the back of the book.
If the geography of Warcraft was the same as the geography on Earth, there would be no need to teach most teens geography
You haven't taught them geography, you've taught them to read a map and crib from the Wikipedia.
Interplay's Conquest of the New World [1996] built its world using randomly generated terrain and other elements. You have to explore the world to understand its geography and peoples.
The solution to any problem isn't handed to you on a plate. You don't where the gold is, the rich timberlands, the furs. Perhaps in this world the Northwest Passage exists and the Mississippi doesn't.
If they can start selling enough pcs to take over the market, they can get rid of all those pesky resellers that always want discounts, and try to sell 'bare' hardware against Microsoft's wishes.
"Bare" hardware appeals to the corporate buyer and the hobbyist. No one else takes this route by choice.
I believe they call that, "Flailing."
Like a whale on the beach.
This particular whale is swimming in cash - debt free with tens of billions in liquid reserves - and more money flooding into the pool each day than even Scrooge McDuck could count.
Like the OLPC. Which is why MS is making this (for them) drastic move. Watch for them to offer PCs in other developing countries where the OLPC has gotten orders.
The OLPC is interesting tech. But limited. Its primary market is the elementary grades and its primary function is to serve as an e-book reader.
Time for hardware vendors to start selling more PCs preloaded with Linux. Why sell Windows when Microsoft is your competition?
Why does Compaq launch a MSDOS PC-clone that competes with a behemoth like IBM?
Because that is where the money is.
WalMart - despite its enormous presence and purchasing power in big-box retail - couldn't make a go of an OEM Linux in the states. Linspire is out. Dell and Vista are in.
So you are seriously telling me you'd rather be physically assaulted than anonymously insulted? You need a reality check.
Bullying is not insults. Bullying is harassment. Bullying is the systematic degradation of the victim. Bullying is fear and shame and terror. Bullying is the anonymous phone call at 3 AM.
A regulated environment is where it is illegal to say something that could be construed as bullying you. I do not mind the former. The latter is scary.
Of course it is scary. It is meant to be scary. For precisely the same reason the same reason that laws against defamation, harassment, in any setting, are meant to be scary.
if it isn't on the list, it isn't something they can do. At least, that was the original notion..
The thing is, in two hundred years, language changes, society changes. The words remain the same, but the words will not be read in the same way.
The founders' understanding of the word "commerce" is unclear. Although commerce means economic activity today, it had non-economic meanings in late eighteenth century English. For example, in 18th century writing one finds expressions such as "the free and easy commerce of social life" and "our Lord's commerce with his disciples". Interpreting interstate commerce to mean "substantial interstate human relations" is consistent with much additional primary source evidence concerning the meaning of commerce at the time of the writing of the Constitution. This interpretation also makes sense for the foreign and Indian commerce clauses as one would expect Congress to be given authority to regulate non-economic relations with other nations and with Indian tribes.Commerce Clause
The statutory license grants permission to play damn near everything. That is what all the shouting is about.
SoundExchange collects and distributes all royalties under the statutory license.
If you can think of a simpler way to encourage a broadcaster to take a chance on the no-name band, a simpler way for the no-name band to be receive payment for every broadcast, let me know.
Not all of us are content with garage band performance. There are entire genres of music that demand organization, talent, money, and resources that are very difficult to put together.
It seems worth inserting a reminder that the statutory license works to the advantage of the independent artist.
The broadcaster doesn't have to negotiate rights with 1,000 ephemeral no-name bands. He can broadcast pretty much anything he likes, anything that catches his interest, without fear of litigation somewhere down the road.
If that is true, then Microsoft has no reason to fear the loss of the mainstream user, now or ever.
The only thing that prevents a mass exodus to something else is free tech support from the local guru who's probably running Linux.
Will the first Linux carwash clean up? This four year old story out of Toronto pretty much sums up how little interest we've seen here in migration.
car analogies are inherently suspect.
the pick-up and the sports car are two very different vehicles that function in two very different environments and you will be not be mastering one or the other in a day - no matter how experience you think you think you bring to the problem.
Perhaps and perhaps not.
The current living "record holder" is 114. The Oldest Human Beings
Hospice patients can benefit from physical therapy.
Simply having a terminal illness does not mean that we have to "give up" and lay down in bed and immediately die, as some may believe. Those patients who make the most of their remaining time usually experience the highest quality of life. Hospice is about improving the quality of life and providing comfort care, even if a "cure" for the disease cannot be made.
The physical therapist can evaluate your ability to move around safely in the home or facility. The therapist will determine what problems you may be experiencing in getting around: walking (if applicable), in and out of bed, transfer from chair to bed, into the bathroom, to and from a car or wheelchair. The therapist can assess {your} level of pain and provide physical therapies which can help to reduce pain. Strengthening exercises may be given if you would benefit from these, and the therapist can evaluate all the equipment or layout of your living situation to make it safe and easily accessible. Hospice Patients Alliance
The problem with hospice care is that too often it comes too late.
One in 10 hospice patients are referred "too late" for services, resulting in unmet needs such as adequate pain relief or emotional support... Even though experts recommend at least a three-month hospice stay, the average length of stay is less than two months. In fact, the National Hospice and Palliative Care Organization reports that 30 percent of people served by hospice die in seven days or less.
{Researchers] expected to find that when there was a short stay, there was an unhappy family. "Quite to our surprise, we didn't see a strong association. If we did, dissatisfaction rates would have been much higher. What I think the results are telling us is that the hospice industry really knows how to rally the troops. Doctors, nurses, counselors, clergy, social workers - they come in and work almost like a SWAT team. They immediately assess the needs and expectations of a patient and their family and make sure those needs and expectations are met so that the dying experience is comfortable. They pull together services fast. And this is reflected in the satisfaction ratings. Most families felt that a hospice referral came at the right time - even if it didn't." One in 10 Hospice Patients Referred "Too Late" [June 28, 2007]
Legal research demands a little more than you can get from Google.
If you the Roberts Court will allow this to happen, you are delusional.
In 2004 there were 12.8 broadband subscribers per 100 inhabitants in the U.S, 24 broadband subscribers per 100 inhabitants in Korea. Broadband lag could hurt the U.S.
For all practical purposes, no broadband service means no P2P exposure and no interest in your defense fund.
If you can believe in the "something for nothing" world of the file sharer, then you can believe that same world owes you a pro-bono defense when the RIAA takes you into court.
No need to spemd that dollar on anything else but another slice of pizza.
The "right" areas?
The value of a randomly generated - but plausible - world is that it forces you to make the difficult decisions, ask the right questions. The answers aren't to found in the back of the book.
You think a modern bank is run like Gringotts?
Every bank creates money by extending credit beyond its immeadiate resources.
You haven't taught them geography, you've taught them to read a map and crib from the Wikipedia.
Interplay's Conquest of the New World [1996] built its world using randomly generated terrain and other elements. You have to explore the world to understand its geography and peoples.
The solution to any problem isn't handed to you on a plate. You don't where the gold is, the rich timberlands, the furs. Perhaps in this world the Northwest Passage exists and the Mississippi doesn't.
"Bare" hardware appeals to the corporate buyer and the hobbyist. No one else takes this route by choice.
You do understand that this is precisely the approach that sells OSX and Vista to the non-technical end user?
Like a whale on the beach.
This particular whale is swimming in cash - debt free with tens of billions in liquid reserves - and more money flooding into the pool each day than even Scrooge McDuck could count.
The OLPC is interesting tech. But limited. Its primary market is the elementary grades and its primary function is to serve as an e-book reader.
Shouldn't be too difficult - if the kids like PC games.
Why does Compaq launch a MSDOS PC-clone that competes with a behemoth like IBM?
Because that is where the money is.
WalMart - despite its enormous presence and purchasing power in big-box retail - couldn't make a go of an OEM Linux in the states. Linspire is out. Dell and Vista are in.
a hint to the clueless: the OEM market has been dominated by MSDOS and Windows for twenty-five years. ninety-five percent of the market world-wide.
Bullying is not insults. Bullying is harassment. Bullying is the systematic degradation of the victim. Bullying is fear and shame and terror. Bullying is the anonymous phone call at 3 AM.
Of course it is scary. It is meant to be scary. For precisely the same reason the same reason that laws against defamation, harassment, in any setting, are meant to be scary.
The thing is, in two hundred years, language changes, society changes. The words remain the same, but the words will not be read in the same way.
The founders' understanding of the word "commerce" is unclear. Although commerce means economic activity today, it had non-economic meanings in late eighteenth century English. For example, in 18th century writing one finds expressions such as "the free and easy commerce of social life" and "our Lord's commerce with his disciples". Interpreting interstate commerce to mean "substantial interstate human relations" is consistent with much additional primary source evidence concerning the meaning of commerce at the time of the writing of the Constitution. This interpretation also makes sense for the foreign and Indian commerce clauses as one would expect Congress to be given authority to regulate non-economic relations with other nations and with Indian tribes. Commerce Clause
and layer by layer that protection is being stripped away.