Posts with tag "RIAA"

Braindead TechCast EP 127: But Steve, it’s Apple

In some ways this could have been a Moronic Monday show given that we ended up talking about some really stupid things that everyone is getting all excited about even though we’re not sure why. A bonus for Sean was that he could tell me that it’s all because it’s Apple – which seems to becoming his favorite saying.

Oh and we have a bonus for you tonight.

Post that are referred to in the show.

Enjoy the show

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And the bonus is (via Geek O System):


Braindead TechCast EP44: Drizzle is a viable defense for murder in Vancouver

There was a worrying moment when Sean and I thought we might have a repeat of Tuesday’s non-show thanks to Talkshoe but we persevered and managed to get everything behaving nicely. As result we got to talk about a few things tonight starting with how even a simple email from Steve Jobs is all of a sudden a newsworthy event that everyone and their brother has to read the tea leaves over.

The conversation then turned to Twitter once again and how the announcement of them looking at having their own URL shortening service instead of bequeathing the ‘official’ title to From there we talked a little about the whole Annotation thing that has most of the developers pretty excited.

The show ended off with us shaking our heads over the latest wishlist from the RIAA and MPAA and how there seems to be absolutely no real interest from the tech blogosphere over this or ACTA.

Posts referred to in the show

Canadian wireless carrier claims next-gen iPhone to arrive in June – AppleInsider
Steve Jobs Replies To Email: “Are You Nuts?” - MacStories
ACTA: The acronym hardly anyone knows yet should be scared to death of – The Inquisitr
RIAA & MPAA wishlist to screw the consumer – The Inquisitr

Enjoy the show

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The newspaper industry is the wrong one to crash this early

dying newspapers There are two major old media industries that are slowly and inextricably headed toward either radical change or demise. The first – the newspaper industry – is the one that seems to destined to be the poster child of old media heading into that long good-bye first, but I think far more deserving of this first place is the entertainment industry. More specifically the music industry. Not the musicians themselves but rather the the bloodsuckers that feed off of them.

Even in this day and age there is still a place in our electronic world for newspapers; whether they be online, offline or a mixture of both. They as a whole still provide a service that has value even though they are having a hard time trying to figure out how to monetize that value. The music industry on the other hand serves no purpose anymore as the musicians now have all the tools and the world, through the Internet, as their marketplace in order to provide for themselves.

Well Colour Me Unimpressed – Pandora Gets Another Stay

Please don't shoot - yetBefore anyone starts jumping down my throat about how great Pandora is, how bad the RIAA is or how this is all about restoring our rights as consumers let me say this….

Pandora is a great service; and one that the other 95% of the world would love to use as well but that isn’t able to. I; and the rest of the world outside of the US, loved using Pandora up until it was chopped off at the knees by the music industry as they used copyright laws and their royalty system like a chainsaw. Even though this latest call to arms was due to yet another trade association trying to kill off any competition it doesn’t change the fact that this Pandora publicity is only a minor part of a much larger issue.

The actual Webcasters Bill that is being raised above the crowd like some flag of victory doesn’t change anything even it is passed. Take a look at the summary of the actual bill for the short form explanation of what the bill actually does (you can read the whole thing here)


H.R. 7084 contains technical amendments to the Small Webcasting Settlement Act of 2002 (P.L. 107-321) which will permit commercial and noncommercial webcasters to negotiate royalty rates and terms other than those determined by the Copyright Royalty Board (CRB) in its May 2007 decision.  That decision was the basis for legislation introduced last year and is currently subject to a legal challenge at the D.C. Circuit Court of Appeals, which has, thus far, upheld the market rates and terms set by the CRB.

The key line here is …which will permit commercial and noncommercial webcasters to negotiate royalty rates. Wow, now US webcasters can negotiate with music labels outside of the US centric royalty structure contolled by the music labels. Well big whoop-di-doo – just because you have been given a right to negotiate doesn’t mean that the bloodsuckers on the other side of the table give a shit about your offers or that they will even come to the table. As with all things to do with the music labels and the RIAA (and now the NAB) they don’t care about what the webcasters want. They only care about how much money they can suck from you even if it means you going bankrupt.

The fact is that webcasters are being held up against the wall with a gun to their heads. They are being forced into a position where they have to pay more in royalties that what they can ever hope to pull in by advertising or subscriptions combined and still make a profit margin. It doesn’t matter if it is a serice like Pandora or a music loving fan streaming their favorite music on the web and not making a cent. Even though Corvida in a post on ReadWriteWeb liken this latest event to being a huge success; which I highly question, she also points out that this is only a stopgap measure

While this is a huge success for web radio broadcasters, it’s not everlasting. The Act will allow web radio broadcasters to negotiate with the music industry only while Congress is out of session. They have until February 15th to settle upon a new royalty rate. While four months may seem like a long time, we understand how much of a hassle the music industry can be to the world of all things digital.

I would suggest that the last sentence is nothing short of a big understatement given that this doesn’t change the fact that the music labels and the RIAA would be just as happy to negotiate webcasters out of existence and royalty rates are their best weapon. Like Paul Glazowski points out over at Mashable

Rates which, in short, are what can either ensure the continued existence of such services or drive many to go belly up just as their collective popularity is increase

In addition this does nothing to address the biggest problem for webcasters in the US – they are being cut off from the rest of the world. They can cut all the royalty deals they want and exist on literally penny profit margins but that doesn’t change the fact that they are still isolated. As a result both the webcasters and the users are being held ransom by the music labels and the RIAA. So remember this while you are all slapping yourselfs on the back over this short lived victory – it doesn’t matter to the rest of the world because nothing has changed.