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I'm not a huge fan of monopolies. As a consumer, and as a creator, I want to have as many choices and options as I can for interacting with content and audience.

That just makes sense, right? More choices is better, free market, etc. etc. etc. I mean, can you imagine a world where you go to turn on your radio, and all you can get is a top 40 station? "Now Wil, you're just being silly." You say, "I'll just listen to an indie station on the internet. I'll never have to hear the Red Hot Chili Peppers or Ashlee Simpson ever again."

Not so fast, Captain Smugs-a-lot. The douchebags at the RIAA (who, I have decided, have realized that they've failed to evolve with their industry and are now determined to destroy it) are working overtime to completely destroy our ability to enjoy online radio, like Radio Paradise, Soma.fm, radioio, and Pandora:

On March 1, 2007 the US Copyright Office stunned the Internet radio industry by releasing a ruling on performance royalty fees that are based exclusively on the number of people tuned into an Internet radio station, rather than on a portion of the station’s revenue. They discarded all evidence presented by webcasters about the potentially crippling effect on the industry of such a rate structure, and rubber-stamped the rates requested by the RIAA (Recording Industry Association of America).

Under this royalty structure, an Internet radio station with an average listenership of 1000 people would owe $134,000 in royalties during 2007 - plus $98,000 in back payments for 2006. In 2008 they would owe $171,000, and $220,000 in 2009.


The RIAA claim that they are working to "protect their artists." Like every other claim the RIAA makes, this is complete and utter bullshit. They realize that they can't force their outdated Big Hit business model on Longtail consumers any more, so rather than adapt to survive in the current marketplace, they're going to destroy it, and roll radio back to the pre-internet years when they could safely sit in their glass towers and twirl their mustaches while lighting cigars with 100 dollar bills. Uh, while we all listened to Toto and Survivor and liked it.

Bill Goldsmith, one of the guys behind the absolutely wonderful Internet radio station Radio Paradise, has written an impassioned and informative article about the beauty of online radio, and the consequences this ruling will have on broadcasters like him:

I have been in love with radio all of my life, and spent 30-odd years dealing with the conflict between my vision of radio as an art form and my FM-station employers’ vision of radio as a conduit for advertising. I have watched the medium that I love turn from an essential part of the process of connecting those who love making music with those whose lives are touched by it into a mindless background hum of advertising and disposable musical sludge.

With the advent of the Internet, we were finally able to bring to life the radio station I had always wanted to work for (and listen to): commercial-free, passionate, and embracing a wide universe of musical treasures, from the classic rock artists I grew up with to the latest indie discoveries, with a liberal sprinkling of world music, electronica, jazz, even classical. We have slowly built up a loyal audience and have been able to support ourselves while living our dream.

[. . .]

Crippling an exciting, groundbreaking industry like Internet radio is certainly not in the best interests of the public, nor that of musical artists, and not even - if history is any judge - of the music industry itself. Just as they were unable to see how the advent of home music taping actually spurred the sale of LPs and CDs, they are unable to tell exactly what impact Internet radio and other forms of digital media will have on the future of their industry - and to behave as if they do know, and for Congress to go along with them, is a grave error, and public disservice, that needs to be recognized and corrected.



I can feel Bill's passion and his pain. When I started my blog back in the stone age, I used Shoutcast to do a simple streaming radio station through Live365. I called it Radio Free Burrito, and it gave me a chance to live out a dream I'd had since I was in middle school: play music I loved, talk about the history of the band, record, or song, and pretend I was a KROQ or KMET (rip) DJ. It was great fun, at one time got all the way up to 100 listeners, and gave me something to do that kept me off the streets. Then the CARP was passed, and my simple little hobby became an expensive nightmare of reporting and bureaucracy. Those 100 people who could have been turned into customers for some of the indie or little-known acts I played never got the chance, because it was more important to the RIAA to cling to an outdated and dying business model, rather than embrace a new technology.

Now, they're at it again, against all logic and reason, but luckily for all sane people, a diverse coalition of broadcasters from Clear Channel to NPR ultra-indie webcasters have joined forces to fight this outrageous ruling.

Jonathan Potter, the executive director of the Digital Media Association, which represents major online companies affected by the decision, asked that the judges specifically allow a per-tuning-hour approximation measure for paying the royalties.Potter also asked the judges to clarify a $500 annual fee per broadcasting channel, saying that with some online companies offering many thousands of listening options, counting each one as a separate channel could lead to huge fees for online broadcasters.

NPR argued in its filing Monday that the new rules would have "crippling effects" on public radio's ability to meet its mandate of serving the public interest, and it also objected to the $500 per-channel minimum fee.A group of commercial broadcasters including San Antonio, Texas-based Clear Channel, the largest radio company in the country, also asked for a reconsideration of key parts of the ruling, saying that the methods used to calculate the fees were faulty.

The motions filed Monday covered relatively technical aspects of the ruling and mark the first of what is likely to be other legal challenges to the decision.


There are a few glimmers of hope here: This only impacts US-based internet radio, so until big business and nanny-state congressmorons get their China-like Internet filtering right here in the good old USofA, we can still tune into services like Last.fm, which aren't located here in the land of Freedom Fries and magnetic ribbons. Also, the fact that an evil conglomerate like Clear Channel is on board to fight it should tell us all a lot about just how bad this ruling would be for everyone (though it raises my suspicions more than a little bit; I'm far too cynical to believe that Clear Channel suddenly got a case of "concern for anyone but Clear Channel.")

I don't have a ton of additional personal commentary to add here; pretty much everything I want to say is summed up in the links above and below. But this is an important issue that needs wider exposure, and goes directly to the heart of consumer choice and technological empowerment of the same. I will add this: I agree with John Scalzi's (and Cory Doctorow's, and lots of other smart people's) suggestion that the greatest threat to authors is not piracy, but obscurity. I'd suggest that the same can be said of musicians. While the RIAA's contributors at the big labels may want to ensure that clones of Fallout Boy and Panic! at the Disco get massive radio play while unique acts like The Legends and Wilco struggle to get any airtime, I believe in giving audiences more -- not less -- choices and listening options. What does the RIAA have to gain by limiting our choices? I guess we should just follow the money, but fight them every step of the way.

Pissed off? Want to do something? Here are some resources to get you started:

RAIN: Copyright Law and the CRB: What Went Wrong?
Slashdot: Internet Radio in Danger of Extinction in the United States.
FAQ from Save our Internet Radio dot Com
Medialoper: NPR Starts a War
Webcasters Unite dot Net
And, of course, write, call, and fax your congressmoron . . . but be polite. Don't tell them you think they're a moron.

Wil Wheaton is really fucking tired of *AA orgs fucking up a good thing.

 

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FearTheReaper

FearTheReaper

NEWSWIRE

Los Angeles, CA

MAR 21, 2007 12:11 PM

It is amazing that every chance they get, the record industry manages to shoot themselves in the foot. If they had a fucking brain, they would have figured out a way to use internet technology instead of using all their energy to fight it. I can't tell you how many bands I have found through internet radio - and then bought their CDs. Less internet radio means less buying of product.

But that is what they want. They see the future and it is their death. The internet will allow bands to market their own music at some point, record companies will not be needed.

HeyZeus

HeyZeus

Oakland, CA
August 2006

MAR 21, 2007 12:22 PM

FearTheReaper said:.They see the future and it is their death. The internet will allow bands to market their own music at some point, record companies will not be needed.



SNOCAP

mydogfarted

mydogfarted

Waldwick, NJ
June 2003

MAR 21, 2007 12:48 PM

Wil, you're a commie pinko and hate America. Fall Out Boy pwnz U.

filmME

filmME

Vancouver, BC
May 2003

MAR 21, 2007 01:01 PM

What can I say?

If you cant beat em join em.. and if you're not cool enough to join em, stomp the living fuck out of them.

What a joke.

razumikhin

razumikhin

I'm lost
September 2002

MAR 21, 2007 01:08 PM

I have not had a chance to read the links provided, but I am wondering if this payment structure will apply to all music played or only to music owned by those greedy enough to extract those payments and stupid enough to destroy an extremely viable source of advertising (i.e. the RIAA). back when I was in college, I would occasionly do an RIAA-free radio hour on our college station. my hope is still that at some point, the RIAA's ridiculous antics will lead more people to actively avoid purchasing any of their music.

also, I am pretty doubtful that clear channel has anything but their own interest in mind. it is probably a case of "hey, your unfair monopoly is getting in the way of my unfair monopoly".

also, your article's are great, Wil. keep up the good work.

KorbenDallas

KorbenDallas

Brownsville, TX
January 2005

MAR 21, 2007 02:13 PM

It's like a world wide footloose. Where's Kevin Bacon when we need him?

ninetysevencents

ninetysevencents

Rochester, NY
August 2003

MAR 21, 2007 02:28 PM

Bill Goldsmith said:
I have watched the medium that I love turn from an essential part of the process of connecting those who love making music with those whose lives are touched by it into a mindless background hum of advertising and disposable musical sludge.



Just today I was sitting in my lab wondering when the songs I was listening to for the umpteenth time on the radio this week stopped being the artistic outlet of a musician and started to be just noise that some company is trying to squeeze every penny out of, a sort of sonic bologna (which, now that I think of it, might actually be a good name for a band).

I'd say that the contents of this article are shocking, but really, nothing that the RIAA (or the MPAA for that matter) does surprises me anymore. It's pretty much blind greed and little else.

st_even

st_even

Milwaukee, WI
September 2006

MAR 21, 2007 03:49 PM

Soulseek FTW. Fuck radio. Five-dollar concerts and Summerfest tell me what to listen to, as well as SuicideGirls music threads!

Although the Milwaukee radio market is one of the better ones. Our alternative rock station is privately-owned, and in no way is a part of any corporation. The music they play still absolutely blows ass, but it's refreshing to know the RIAA has very little say in their playlist. Also, we have a public radio station unaffiliated with NPR, WUWM, which is fantastic (and award-winning), as well as 91.7, which plays everything from reggae to gospel to blues to industrial to prog metal. But yeah, I mostly end up listening to classic rock on the radio.

Sexdwarf

Sexdwarf

Hermosa Beach, CA
February 2003

MAR 21, 2007 04:07 PM

I listen to GrooveSalad all the time, and something tells me that Boards of Canada and Tosca and etc. probably don't favor the RIAA's attempt to "protect" them.

whiteyford

whiteyford

Clermont, FL
February 2005

MAR 21, 2007 07:24 PM

I have given up on commercial radio. I plug into SOMA.fm at the office or groove on my iTunes. I live in my own personal halcyon days of audio.

down with the authoriah..

+wf+

Dru_Id

Dru_Id

Florence, SC
October 2006

MAR 21, 2007 07:41 PM

the last time i wrote my congress man I got a letter back from him saying i wasn't from his area (which is not true)

course he also said in an earlier letter that net neutrality was a good thing and would protect web based busnesses...so he's a dumb ass

kleer001

kleer001

I'm lost
April 2006

MAR 21, 2007 07:50 PM

Radio? What's that?
How's that quote go... "The internet treats censorship as an error and routes around it."
Asshats, now that hunger and education issues are solid.

Tritone

Tritone

Saint Paul, MN
May 2004

MAR 21, 2007 08:45 PM

The RIAA must be made up of crab people.

MschfMayhemSoap

MschfMayhemSoap

Phoenix, AZ
April 2006

MAR 21, 2007 09:14 PM

Obviously this is a big help to ensure that Mainstream Music labels can continue to rake in the dough, but are an actual BANDS involved in the ruling? I mean, are there any bands that are joining the money-hungry music labels in their fight for royalties?

Horrorflick

Horrorflick

Detroit, MI
February 2003

MAR 22, 2007 02:45 AM

It really doesn't make any sense. Everybody else who's posted here is right: I'm not some parasitic idiot, hungry for as many free downloads as I can pirate. When I hear something on the internet that I really like, I purchase it afterwards! (I'm still a sucker for liner notes, photos, etc.) With a marketing tool like that, you'd think that big labels could spend more time marketing their artists and less time socking people with huge fines for listening to them on the internet... (Great article, Wil. Your stuff is extremely well written!)

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