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Thanks to all the fine companies (including those listed below) who agreed to be part of our recent "RAIN Vendor Guide (Ver. 2.0)" issue. If you didn't have a chance to spend time with it yet, you can access the issue here.


From CNET News: "The Recording Industry Association of America said Wednesday that it has begun pressing for anti-copying technology in future digital radio standards.

"Mitch Glazier, the association's top lobbyist,
said the RIAA is contacting IT and consumer electronics groups to ask them to consider a 'broadcast flag'" for digital music sent through the Internet, satellite or cable.

"The RIAA's move seems likely to escalate a bitter war of words between the entertainment industry, some hardware makers and open-source aficionados...

"Glazier mentioned the new initiative during a roundtable discussion hosted by the U.S. Department of Commerce on Wednesday afternoon and elaborated on it during an interview afterward. 'The device would say this is broadcast material not meant for redistribution,' he said.

"The idea is straightforward: Future hardware and software would treat music differently if it were designated as broadcast-only, preventing users from saving it or uploading it. Currently programs like StreamRipper or StreamCatcher can record streaming music distributed through Webcasting...

"Webcasters appeared to be taken aback by Glazier's announcement, saying that they had not been contacted. Rob Reid, chairman of Listen.com, said his company was ''one of the Webcasters that's not aware of this new initiative.'

"Reid wondered how big of a problem the recording of Webcasts really was, saying that most pirated music he's seen appears to have been ripped from CDs instead of intercepted from streaming audio...

Read the full story in CNET News here.


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From TMCNet.com: "To anyone who reads this column regularly, it can be no secret that I find the Recording Industry Association of America's business practices even less palatable than I find protection rackets, guacamole or Britney Spears' last CD (well…all her CDs, really). So, once again, I turn to painting the RIAA the evil monster. The ironic part is this column has nothing to do with Napster, Kazaa or any other peer-to-peer file sharing concept.

"It's about the impending death rattle of Web radio...

"What does the recording industry do when someone threatens to listen to a song that isn't in their Top 50 pop cash generator machine? They invoke the holy Digital Millennium Copyright Act (DMCA), of course.

"The DMCA, passed by Congress in 1998, ensures that record companies receive money whenever songs that are under their copyright umbrellas are played in a digital medium. Why are digital media so picked on? Because the record companies are nervous about digital delivery…the perception being that anything digital is a 'perfect copy' of a song. If you have a perfect copy of a song with no degradation in quality, you'll never want to buy the CD, right?

"Yeah, sure. In the same way movie executives were convinced, in the 1970s, that if people had VCRs, they would never go to the movies again.

"Though the DMCA guaranteed automatic licenses to Web radio operators, it did specify that some level of royalty would need to be paid for broadcasting those 'perfect copies' (though Webcasters point out, to no avail, that the compressed format of the music during streaming produces something of a lesser quality than a perfect digital copy of a CD)...

"By calculating the rate per song, rather than a percentage of Webcasters' revenue, the ruling is guaranteed (and was probably designed) to put most Web radio operators out of business. (Right about now, I'm not sure if most U.S. Fortune 500 companies could afford an extra $350K going out the door per year...)...

"A few stations have vowed to stay in business by Webcasting music from unknown, unsigned bands (which theoretically steps on no one's toes). If I may be cynical, though, I can imagine that the RIAA will try to find a way to pull the plug on this practice, as well. After all, if you're spending your time listening to an unsigned band, the record companies aren't making any money, are they?"

Read the entire column by Tracey E. Schelmetic in TMCNet.com here

We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.

Reader feedback

Here's feedback on the RAIN analysis from yesterday's lead story on the NAB's court filing arguing that Congress intended that broadcaster streams should not be obligated to pay a sound recordings performance royalty (here)...

"I'd have to agree with the broadcasters on this one..."


This case has been on-going for nearly two years when NAB filed suit against the RIAA for extra music license fees — and almost goes back to Feb of 2000 when Inetprogramming first contacted the RIAA for a license. It's been in the courts since that time. They are simply running it up the gamut of courts until it hits the Supreme Court where the DMCA has a whole will get hammered on.

I've watched this case
because we ran an off-air station on the internet for the first few months of operation and the management of the station was adamant that their music licenses applied.

I have to agree with the broadcasters on this one as a computer at the end of a stream is no different than a transmitter. You can't have rules of one that are different from the other — even though the RIAA thinks so doesn't make it so. The NAB is making it very clear that broadcasting is totally separate from downloading files — which it is; and that is the same argument we have been making.

I don't think it's out of line at all. I think it will be more than beneficial — they will continue to appeal this case to the Supreme Court if necessary.

  Bob Pullman
President
Inetprogramming Incorporated
http://inetprogramming.com .ca .us .com.jm .net .tv
Root Music For Your Soul!

"I have GOT to take issue with this..."


"(4) promote, rather than replace, record sales; and (5) do not constitute multichannel offerings of various music formats."

I have *GOT* to take issue with this one!..Here in Houston, Texas we have a full dial of stations that are owned by the 4 major companies...[each group] is different and would therefore CERTAINLY qualify as "multichannel offerings!"

They are **NOT** exempt. NOT BY A LONG SHOT! This argument is ridiculous.

  Jeffrey Bottoms
TheRockFM.com


"Working for another image of your country..."

I'm living in Paris and I read a lot about this stupid thing which are the royalties for webcasters. I'm a musician and since I'm connected to the Internet I discovered a lot of bands, composers etc...The result is that I bought CDs from these artists.

We know that point, but, as a Frenchman, I discovered another face of the American culture, something different, new sounds, new artists, something really different than what we can see on TV all over the world.

I was really happy to discover this, and what I want you to know, is that all these American webcasters are or were, for some, working for another image of your country. I think that this point is important too.

It's really a shame for this music industry which doesn't want to hear the opinion of the consumers. Radio on the Internet has nothing in common with Napster or lookalikes. Radio has a reason to live because of its promotion of so many people who will never be broadcast on networks, and the promotion of a country too.

  Guy


Silenced by royalties
Here is a growing list of webcasters who, because they don't feel they can manage webcasting royalties in a viable business, have decided that it's in their best interests to silence their streams. (We thank them for their hard work and dedication to their audiences and the industry, and wish them luck in their future endeavors...)
  All80s.com AudioCandy.com
BlueMars.org Celtic Heritage Webradio Chez Whitey
Entercom stations Good Time Oldies Radio Greater Media stations
GrrlRadio HitRadio.biz Hot Hit Radio
IdahosCast.com KDFC/San Francisco KKDV/San Francisco
KKPT/Little Rock KOIT/San Francisco KTRS/St. Louis
KWXY/Cathedral City Lotus Radio stations McClure stations
Minion Radio MonkeyRadio.org MYNDFK.com
NetRockRadio.com NextMedia stations Perkigoth.com
Powerrocks.com Progrock.com RadioBoston.com
RadioCentral.com Radio Free Akron Radio Free BD
Radio Free Tiny Pineapple RadioMaxMusic RKNA: Aural Arcana
SavageRockRadio.com Simmons Media stations SomaFM.com
StarDogRadio.com TagsTrance.com The City Radio
therockfm.com The Zoo WAAF/Worcester
WCKW/La Place WLUP/Chicago WMMR/Philadelphia
WOVRadio.com WYYB/Phoenix Yahoo! Radio stations
Have we missed others? Use the feedback form above or e-mail us here.

Public stations now off line
This is from the SOS: Save Our Streams website, which focuses the struggle against thewebcasting royalty rates as they pertain to independent educational and noncommercial stations.
KWJC-MO; WRSU-NJ; WERS-MA; KTSW-TX; WSUM-WI; WSTB-OH; WONB-OH; WXOU-MI; WZIP-OH; WUTK-TN; KDIC-IA; KETR-TX; WSBF-SC; WRMC-VT; KSDS-CA; WNYU-NY; WSUW-WI; WEVL-TN; KRCL-UT; WSRN-PA; KXCI-AZ; WUVT-VA; KSJS-CA; KDHX-MI; WPTS-PA; KBCS-WA; WMHW-MI; KBVR-OR; KXRJ-AR; WDWN-NY

Silenced iM Network affiliates
Zydeco to the Bone; Nuevo Wave-O; Jazzeteria; Altrok.com; Celtic to the Bone; Extra Smooth Symphonie; Melancholia; Qawwali-On-Demand; 60s RnB to the Bone; Just Classic Rock; All Top40 Hits; Piecemeal; Swing Central; Cafe Twilight; Jazz to the Bone; Drone Sickness; Gospel to the Bone; Truly Cool, Cool Jazz; 400 Years of Hits

Jazz to the Bone; Hot Bubblegum 100; Dream Chamber; Modern A Cappella; African to the Bone; Hillbilly Radio; Cajun N Country to the Bone; X-tra Energy Dance; World Intensity; New Orleans to the Bone; Modern Rock Hits; Rastaman's Reggae

MainLine Rock; Latin to the Bone; House Party; Love Field; Planet Musiquarium; The Breakbeat Jungle; Succubus; Bollywood; Club Reggae; Hyperspace; Murder, Betrayal and Redemption; Top RnB Hits; ChitrapatSangeet; Resonant Radio; Sweet Revenge

Female Voices; Old Dawg Country; EnginesOfReagan; Lovecats; Muddy Channel; Movie Music; Adventures In Radio; Truly Alternative; Alt Songsters to the Bone; Spacerant; Trance-ilvania; Vox Radium; 50s RnB to the Bone; Box O Bone's; Digitalis; darcade; Not AA Radio; Busted Heart Radio; Shuaku No Bi; Hillbilly Radio; Kickin' Kountry; Cyberspace Sonata; Solvent Loud Radio
 
Upcoming conferences
July 25-28, 2002 The Conclave 2002 Learning Conference: Minneapolis, MN
Sept. 12-14, 2002 NAB Radio Show 2002: Seattle, WA
Oct. 1-4, 2002 Streaming Media East: New York, NY
Oct. 20-22, 2002 NAB European Radio Conference: Prague, Czech Republic
Oct. 30-Nov. 2, 2002 CMJ Music Marathon 2002: New York, NY
 

 

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