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Here's feedback on today's
top story...
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"Did
AOL get the short end of the stick?.."
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Kurt,
On the shocking WCBS-FM switchover, a number of questions
remain unanswered.
First, did the deejays get notice? Cousin Brucie was on
'WABC Rewound' the
previous weekend, mentioned
the Jack format, but said nothing about the switchover.
The WCBS-FM Internet stream keeps the old format alive at
wcbsfm.com. No
personalities, no ads, with jingles. Where is this planning to go?
Will they develop it as a 2nd station? Will any deejays be brought
back?
And did AOL get the short end of the stick with the recent
arrangement to carry WCBS-FM... only now that format is gone back
to wcbsfm.com.
Also, at 8th place in the winter ratings, why didn't Infinity
port the entire station to different call letters in town?
This is feedback in response to our RAIN Analysis of the
story, "Legality of 'stream rippers' still disputed by experts,"
here...
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"Stream
ripping may still be protected under fair use..."
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Dear Kurt:
Is recording Internet radio broadcasts a non-infringing
use of the copyrighted works therein? This appears to be the
new conundrum of U.S. copyright law.
It's hard to dispute the long sacred practice of "time
shifting broadcast programming" as evidenced by
the Sony Betamax case (which permitted recording a television show
for later home viewing on the grounds that the transmission was
made available under license to the public). And the subsequent
decision by the Supreme Court in the Diamond Rio case to uphold
space-shifting (transferring recordings through a computer hard
drive onto a portable digital media device) only further ratified
the consumer's right to copy purchased music recordings for personal,
noncommercial purposes from one medium directly onto another.
But do these same fair use doctrines still apply in a day-and-age
of all digital media in which the recording industry has a greater
stake? And what are the exact implications of archiving time-shifted
programs and otherwise modifying them (including breaking them into
individual segments) for later viewing?
Unfortunately, the jury is still out
when it comes to these issues, in particular their implications
with respect to the Digital Millennium Copyright Act. The DMCA already
has provisions restricting digital broadcast services on the Internet
from facilitating the recording of their own transmissions by end-users.
However, it is important to note that these
prohibitions do not to apply to computer software products independent
of the same Webcasting service, even if such applications
(and the end-users themselves) purposefully enable the recordings
to be made -- with
the specific exception that they do not circumvent copy control
measures and that they do not engage in otherwise contributory infringement
with regards to the copyrighted works.
Perhaps the Audio Home Recording Act, if properly amended,
could prove to be the ideal solution to this and other copyright
concerns that now plague consumers. By adapting
the AHRA to effectively tax the makers of computer-based digital
audio recording software and hardware -- rather than
consistently thwarting end-users themselves from making personal,
noncommercial use of music to which they have fair use rights --
then it would be possible to achieve a more satisfactory balance
between the rights of copyright holders and consumers. Such an amendment
would not only serve to better justify time-shifting and space-shifting
practices in light of the DMCA, it would help to further (rather
than stifle) technological innovation while also providing for adequate
compensation through royalties to the music industry in exchange
for waiving claims of copyright infringement against consumers for
the use of such new media technologies.
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Regards,
Randall Krause
President/CEO
SWCast Network, Inc.
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