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Comments on news posted 2007-03-05 18:17:33: The longstanding debate between webcasters and the RIAA really hasn't been a hot topic since 2002-2003, when the RIAA pushed hard for some significant royalties that threatened to put smaller operations out of business. ..

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dslwanter
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This is why...

I'm sticking with Live365 to host The Bomb 102 (my internet radio station), the largest internet radio provider. It is simply too tough to handle these people on your own...
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RideRed
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This is collusion and it's illegal.

Imagine if the airlines openly formed a group to fix airline ticket prices. That's collusion, illegal and the JD of both Fed and States would be all over them like stink on crap in 2 seconds. Imagine if there was proof found that oil companies formed a group to fix gasoline prices. That would be collusion, illegal and in this political climate oil people would be going to jail.

But when the entertainment industry does it, it's okay just as the RIAA racketeers can blackmail people into settlements without penalty.

This is blatant collusion. This is competitors conspiring to fix higher prices for mutual benefit in what amounts to an oligopoly. It's CRIMINAL and the RIAA membership should be fined and the RIAA itself dismantled.
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cdru
Go Colts
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Re: This is collusion and it's illegal.

said by RideRed See Profile :

This is blatant collusion. This is competitors conspiring to fix higher prices for mutual benefit in what amounts to an oligopoly. It's CRIMINAL and the RIAA membership should be fined and the RIAA itself dismantled.
It's not collusion. Collusion is the entering into a deceitful agreement to defraud a 3rd party. An example of collusion would be if two buyers were bidding on an item at an auction. Buyer A is working with the seller to drive up the price on Buyer B, but has no intents in actually paying for the item. For his action, he may get a cut of the profits.

In this case, it would be closer to price fixing which is not the same as collusion. However, I'm not sure if it would stand up to legal challenge. There are alternatives to the RIAA, it just requires more work to contact the artists directly to arrange some type of a contract individually (or through some other type of RIAA-like organization representing artist.) There is also no secret here what the RIAA is doing. They are trying to make money. As an oligopoly, they (actually their members) do own the majority of copyrights for popular music these days. However they don't own the monopoly to music in general. Since they own the copyright to the music, they can set the rates on that music to whatever they want. If you don't like it, they aren't stopping you from making your own music.

Now if they decide to charge the internet streams this fee and not have something similar for FM transmissions, then there may be a case of unfair business practices.
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RideRed
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2 edits

Re: This is collusion and it's illegal.

The RIAA constitutes an oligopoly in the music business so market-ly speaking there is no 'alternative'.

And no the RIAA doesn't own the copyright to the music, their individual members own their own the music but are in collusion with one another via the RIAA to fix prices. Collusion and price fixing aren't mutually exclusive and collusion doesn't necessarily have to be secretive. You can collude to price fix. The collusion comes from denying the buyers rights to obtain the product at fair market value.

Each individual copyright holder like for example Sony is certainly free to set the price of their own products, but it is illegal for Sony and other record labels to collude and conspire to set artificially high prices just as it is for airlines and oil companies to do so.
--
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coxta
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possible solutions

Radio broadcasters stream their radio to Internet and aren't hamstrung by specific Internet rules. They also negotiate contracted rates versus these per song rates. I suggest an Internet broadcasters association to negotiate as a group and perhaps have low power radio broadcasting to remove themselves from the Internet only restrictions. That is stream their radio broadcasts. If that fails, then offshore Internet broadcasting. Advertising could still be sold that would be local.
--
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Pv8man999

@wideopenwest.com

it's a shame

Corperate America will f**k you over just as much as you LET THEM.

Jwobot

join:2002-08-14
Sterling Heights, MI

Re: it's a shame

Yeah if people aren't gonna stand up to them, then your just gonna get effed.

pokesph
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Royalty Scheme(rs)

so how will this affect us small-timers who run their own streaming servers, and mainly stream off-shore (read: imported) music and have no station web page other then a our stream links (i.e. no advert selling there)?

will we be forced into paying these greedy clowns as well?

KrK
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Re: Royalty Scheme(rs)

said by pokesph See Profile :

will we be forced into paying these greedy clowns as well?
Not necessarily. You could just be arrested and imprisoned instead for being an economic terrorist....

(This was supposed to be funny... but then I realized that it's actually too close to the truth... which makes it really not funny at all.)
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

ninjatutle
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Nothing is free kidies

You want Joe Montana or Omarosa to speak at your gig, its going to cost you.

Want to share your hobby (internet emcee) with other people?? Pay up or join a service like Napster or Yahoo Unlimited where you can create a list and member can listen. You wont be charged a dime for the opportunity. The music is all provided.

GlobalMind
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Re: Nothing is free kidies

You are indeed kidding right? The webcasters HAVE been paying their fees and yet are still being targeted for extinction.

You seem to also hold the opinion that they are all pirates or some such silliness.

And honestly unless you happen to actually have some financial statements to show me where they are all making all this money from ads I don't think you have much of a case there either.

Just because they have ads on their sites does not mean they're all out buying 599 GTB Fioranos. Sometimes, and actually frequently in these guys case the ads are there because it is their only means of survival.

On a general note I don't get the retroactive crap. Oh these fees were good until now, but ya know we want you pay this rate for all of last year too. Screw that.

RIAA wants them all out of business and they will likely get their wish with these moves. Oh and push more folks to actually pirate. Idiots.

K.
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Kylemaul
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Re: Nothing is free kidies

I've just taken a step: ignoring the ignorant.
(Ignored post 1308792)
What a freakin shill.

bob336

@bellsouth.net

that's business for you

The best way to handle your competition is to get them legislated into non-existence. This is nothing new.

KrK
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Re: that's business for you

Ya this is the Free Market in the USA at work.

IE, as in "Use our money to get our Government to pass a law banning our competition from existing so we won't have to compete. Leaving us Free to extort money and gouge US citizens as we see fit...."
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

GlennAllen

join:2002-11-17
Richmond, VA
·Verizon FIOS

RIAA

If they could find a way, they'd make you pay more money to them for every time you listen to any song that you already paid for (CDs, downloads from "legal" sources, etc.). The fact that lots of people find new music from Internet radio and other listening services which they go out and buy, which allow the artists (and, unfortunately, the RIAA) to sell more of their work and make more money, apparently escapes the RIAA. They bite the hand that feeds them. Eventually, they'll bite off the hand that feeds them, and they will cease to be able to exist. They provide no essential service nor any essential product anymore. Some day, hopefully soon, all artists will refuse to do business with any RIAA member. I stopped buying CDs a decade ago because of the RIAA. I've never downloaded any kind of music, listening only to Internet radio, OTA radio, or some other such service. And sometimes, I just prefer the silence. Birth-day of the RIAA? The day the music died.

zzeeff

@adelphia.net

Re: RIAA

They are just going to end up pushing everything underground.

ET TU
Its' Only Temp
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Belvidere, NJ
don't they get a fee for every cd sold wasn't that done when they first started cd's a pool for the music industry

cork1958
Cork

join:2000-02-26
Fruitport, MI

Will never get it right!

Those dip sticks at the RIAA will never get it, will they?
markofmayhem

join:2004-04-08
Pittsburgh, PA

Re: Will never get it right!

No, no they won't. It will balloon out of control and people will go back to hearing bands at bars and small time shows. As far as music goes, we need our own 1960's.

behave

@wgint.com

Re: Will never get it right!

wish that where true....the new ruling will affect those that do not belong to the RIAA....they have a listner per play fee that will go directly to the SoundExchange...read the fine print....basically all webcasters will be charged...foreign sites will be blocked...and yes thats the way we want it....

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

So this plan is designed to export more US Jobs?

So the plan is force all streaming music businesses to relocate outside the USA? Seems to be the inevitable result...

Steven103

@qwest.net

The DMCA is flawed!

Some of the people making posts here are missing the point big time. WE DO PAY ROYALTIES. We already pay and have cut those checks for years while terrestrial radio doesn't. Now the RIAA has requested and been granted an increase amounting to licensing fees that exceed 100% of our revenues. For some, it's more like 1000%. How the hell can you adapt from that? There's not going to be a sudden increase in advertising dollars to cover this disparity not to mention they are retroactive from last year. Sure there's an option to not play RIAA music and boycott but about the retroactive fees from 2006. We're still talking most companies will owe over $150,000 from 2006 alone. Also to compete with other forms of media (i.e. Satellite and Terrestrial Radio) we're going to have to play some RIAA music and I'm happy to pay them for that use just not at these rates. Not all of the music released by the major 5 is crap and that music deserves to be heard as well. The DMCA is flawed and Congress needs to be educated on why it's flawed and why it needs to be updated to reflect current technologies. The RIAA pulled one over on Congress in the middle 90s with the DMCA and now it's time we educated them on why it's outdated and needs to be changed. Only then will we all be able to enjoy Internet Radio, Podcasting, Ipods, etc with freedom.

behave

@wgint.com

everyone included

most of you are missing one thing...this will affect those that do not belong to the RIAA....Soundexchange will be charging a fee for users per webcast...this money will go to Soundexchange...so this will affect everyone

ET TU
Its' Only Temp
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Belvidere, NJ

RIAA cuts own throat with royaltie pricing

sounds like that is what their gonna do

don123456

@mchsi.com

new generation

DRM killed the radio star
madrhino

join:2004-07-03
·Verizon FIOS
·Comcast

Ahoy matey

Let's do the math.
Last year and the first 3 months of this year I bought ~ 100 CD's at ~$15 each.That's $1500 or $100 a month.
If I get mad and don't buy anything more from these frigging animals I save $900 this year.
I have to admit that I have been hanging by a thin moral thread on this issue.However now I think that no matter what the arguments against pirating are they now outweighed by what is clearly a moral duty to stop these bastards at any cost.
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newageguy

join:2007-03-11
Chicago, IL

Improving Industry Representation (Finally)

A collective of small Webcasters is finally gearing up to form an industry trade association to battle this injustice.
»www.smallwebcaster.org/

djdanska
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Not just internet radio fighting..

(from »www.fmqb.com/Article.asp?id=373556 )
Our local station here in chicago is protesting against the new royalty fees.

"Newsweb Radio Company's 9 FM, which trimulcasts on WDEK, WKIE and WRZA in Chicago, has decided to ban CD prize giveaways as an act of protest against the recent royalty rate hike for online music streaming.

"When I read that the RIAA and SoundExchange needed money so badly that they were going to price gouge independent Web streamers and radio stations who stream online, I knew we had to do our part," said Matt DuBiel, Director of Programming for 9 FM. "In the face of the RIAA's struggles, it just doesn't seem fair for us to be giving away CDs (for free) to music fans fully capable of paying for the music themselves. We're inviting everyone who has won a CD from 9 FM or any other radio station in Chicago this year, to return it to us and we'll exchange it for a 9 FM t-shirt and give the CDs back to the RIAA. Radio stations need to be able to stream online affordably.""

More on their website:
»weplayanything.com/
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»djdanska.com
Forums » Internet Radio Stations React To New Royalty Schemepage: 1 · 2


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