Thanks
to all the fine companies
(including those listed below) who agreed to be part
of our recent "RAINVendor 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...
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
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
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...)
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.
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