Is SoundExchange going to operate like the RIAA?

[BDBopper]

With July 15th 8 days away I bring up this question. Is SoundExchange going to operate like the RIAA and sue little kids and Old people because they won't fight them in court?

 

[RadioMan203]

I say every webcaster in the US should stay on the air and not pay SoundExchange. Imagine those jokers trying to sue EVERYBODY at once. I bet webcasters could tie this up in the courts for years!

The way SoundExchange and the RIAA operate is just like a bunch of mobsters - I would bet they are breaking RICO laws with their heavy-handed tactics. Where the hell are the government officials who should be looking into this? Who is getting greased by the RIAA and SoundExchange? I smell something dirty and it begins with the RIAA and SoundExchange.

Those idiots at the RIAA should go back tominding their EQ curve for phonograph records and keep their friggin' noses out of everything else. Morons!

 

[JohnParker]

With July 15th 8 days away I bring up this question. Is SoundExchange going to operate like the RIAA and sue little kids and Old people because they won't fight them in court?

Not sure I get the comment here. This battle has been, and continues to be, fought in court. And unless a little kid or "old people" are running pirate stations then they have nothing to worry about.

I say every webcaster in the US should stay on the air and not pay SoundExchange. Imagine those jokers trying to sue EVERYBODY at once. I bet webcasters could tie this up in the courts for years!

Bill, as we both know a good number of webcasters are hobbists and would they run the risk of losing major bucks by taking that route. SoundExchange currently has a case closed lock on these rates and if you go forward you'll be paying them now or on the 30 year payroll deduction plan. It's sad but true. They wouldn't be able to catch everyone of course but I'm not taking the chance that I'm the one they find.

Our only shot at getting this fixed is via Congress and that's not going to happen before the end of the week. Settlements don't look possible under the current terms and they will only delay the inevitable. Also to accept a settlement now means that you generally agree with the ruling and that would put stations in a legal bind moving forward.

The ruling is flawed and will close down most stations. The only ones that will survive and operate in the current climate will be those that can support the streams through income from outside of the ads on the stations. Places like AOL are probably going to be ok. Places like Live365 (where my station is) aren't.

I think a lot of webcasters are going to have to go dark for weeks or even months before Congress gets around to voting on H.R. 2060. I'm praying for weeks.

jp

 

[RadioMan203]

The ruling is flawed and will close down most stations. The only ones that will survive and operate in the current climate will be those that can support the streams through income from outside of the ads on the stations. Places like AOL are probably going to be ok. Places like Live365 (where my station is) aren't.

I think a lot of webcasters are going to have to go dark for weeks or even months before Congress gets around to voting on H.R. 2060. I'm praying for weeks.

Like you, my station is also on Live365 and I fear that we'll both see them bite the dust once the 15th comes. I wish some highly intelligent lawyer would go after the RIAA and SoundExchange - somebody has to be greasing somebody's pockets!

In the past I've bought more CDs than I can shake a stick at. Now, I will only buy used CDs and have even gone back to purchasing used vinyl records - partly to get the original versions of songs I want for my collection and mostly to screw everybody out of any new sales. I may be only one person, but if each of us can get another to boycott purchasing new music then maybe they will get the message. Sure, the artists are going to get hurt, but hell - let them pay for promotional play if they really want their music out there. Webradio ain't playing music for free - they're getting raped by the guys who should mind their own business and go back to their phonograph EQ curve crap - I'm fed up of being raped by the RIAA and their alleged "non-profit" entity, SoundExchange. If the RIAA can't make the rules fair for everybody it's time to bring in government to REGULATE THE RATES!

I suppose the only benefit to the mass shutdown of web radio will be the folks at SoundExchange will be a lot less busy since there'll only be a fraction of web radio stations around.

Mark my words as you're reading this here first: They will eventually try pulling this crap on terrestrial radio - just wait! It all has to do with the move to IBOC (digital) transmission. The CARP rules fall on "digital" transmission - AM and FM radio is going to get bit on the arse when they turn their back on the SOB's. I also wouldn't be surprised if digital TV transmission gets nailed by these jokers, too!

In my opinion, they're like a vicious dog - the RIAA needs a swift kick in the teeth and a bat to the head. If the government allows this beast to run wild it will mark the start of the decline of public freedoms in this country. In that case, we're in bigger trouble than any of you can even realize!

 

[vsa]

If anyone has not read the July 9, 2007 online edition of Radio And Internet Newsletter, it is must reading on this situation.

http://www.kurthanson.com/archive/news/070907/index.shtml

This is a very high-stakes game. The RIAA would just love to sue as many webcasters as possible. Under the laws they got pushed through Congress during the 1990s, the RIAA would easily win. If you are a legal webcaster, they already know who you are.

Among the things that must be done quickly, recording artists MUST be made aware that they are about to get screwed yet again by the major record labels who run the RIAA. These record company executives are not stupid. Neither are their very well-paid lawyers. The one thing they fear is CONGRESSIONAL action. Push extremely hard for that. Personal phone calls. Personal lobbying, etc. They must be defeated.

I'd also suggest keeping your streams and links alive in the meantime. Stream talk, ambient sounds, whatever - loop it if you have to. Preserve your hard-won links to your streams. Play anything out of the jurisdiction of SoundExchange, so when webcasters eventually win it will be that much easier to pick up the pieces. And keep your listeners posted with regular updates on your website.

 

[JohnParker]

Mark my words as you're reading this here first: They will eventually try pulling this crap on terrestrial radio - just wait! It all has to do with the move to IBOC (digital) transmission. The CARP rules fall on "digital" transmission - AM and FM radio is going to get bit on the arse when they turn their back on the SOB's. I also wouldn't be surprised if digital TV transmission gets nailed by these jokers, too!

Bill, it's no secret that the plan is exactly that. That's why the NAB is in our corner and using their pull to make sure this ends before it gets to them.

Here's an interesting news item that not many people have seen. The organization of indie labels called A2IM (the indie RIAA) was dumb enough to put in their newsletter this exact information. Check this out from the April Newsletter: http://www.a2im.org/downloads/Declaration_of_Independents_14.pdf

The fun starts on Page 5 and they get to AM/FM on page 7.

Enjoy.

jp

 

[dbdigital]

Among the things that must be done quickly, recording artists MUST be made aware that they are about to get screwed yet again by the major record labels who run the RIAA. These record company executives are not stupid. Neither are their very well-paid lawyers. The one thing they fear is CONGRESSIONAL action. Push extremely hard for that. Personal phone calls. Personal lobbying, etc. They must be defeated.

My only concern here is the apparent lack of desire, at least on the part of the House, to get involved with this.

House Small Business Committee Chairwoman Nydia Velazquez said last month that she'd prefer webcasters and the music industry come up with their own compromise. "'I really don't think Congress would be the best type of vehicle to resolve this type of issue."

Is this indicative what we are to ultimately expect? After all, it was Congressional meddling that got webcasters into this mess and only they can correct it at this point.

The SoundExchange offers are not serious efforts at negotiating a settlement. Either they don't care, have another agenda or don't believe webcasters when they say that July 15 spells the end for internet radio if a real settlement isn't reached.

db

 

[vsa]

Among the things that must be done quickly, recording artists MUST be made aware that they are about to get screwed yet again by the major record labels who run the RIAA. These record company executives are not stupid. Neither are their very well-paid lawyers. The one thing they fear is CONGRESSIONAL action. Push extremely hard for that. Personal phone calls. Personal lobbying, etc. They must be defeated.

My only concern here is the apparent lack of desire, at least on the part of the House, to get involved with this.

House Small Business Committee Chairwoman Nydia Velazquez said last month that she'd prefer webcasters and the music industry come up with their own compromise. "'I really don't think Congress would be the best type of vehicle to resolve this type of issue."

Is this indicative what we are to ultimately expect? After all, it was Congressional meddling that got webcasters into this mess and only they can correct it at this point.

The SoundExchange offers are not serious efforts at negotiating a settlement. Either they don't care, have another agenda or don't believe webcasters when they say that July 15 spells the end for internet radio if a real settlement isn't reached.

db

SoundExchange/RIAA has another agenda. They hold all of the negotiating cards. That's exactly what they want. Complete control. Bypassing SoundExchange with direct deals which mean cash for themselves with nothing for artists and backup musicians. As always, they are being used.

CBS's LastFM just signed a direct deal with SonyBMG, bypassing SoundExchange. That means artists will get nothing in that deal.

Barring a stay in the appeals court this week, which is possible, I figure many weeks or months will pass before anything gets settled. There will be a lot of pain.