Re: 'bos Custom Radio Service

["Aaron 'Bishop' Read" <aread@speakeasy.net>]

Because like all things regarding legislation and webcasting - it's 
political.  The ultimate goal of this legislation has nothing to do with 
getting "fair use" fees for the artists.  It has everything to do with an 
established system realizing they are in danger of losing a substantial 
chunk of revenue, so "they" are attempting to shut it all down to protect 
their profits.

This is, in many ways, little different than a pharmaceutical company 
attempting to skirt the laws regarding patents on the drugs they develop; 
if they can maintain the status quo - they make billions.  If not, then 
competition is introduced (cheaper generics) and they make far, far less money.

Now, to answer "why would webcasters do it anyway" is also simple and 
political...many of them know that they'll never be held to paying the 
retroactive fees; they'll either be too small for RIAA to bother suing or 
be too big and have the legal clout to fight back.  The retroactive fees 
are arguably more a bargaining chip for arbitration than anything 
else.  If, say, NPR goes to negogiate with RIAA and balks at the 
retroactive...RIAA gives it up and gives the appearance of being more 
reasonable.  NPR becomes more agreeable, and RIAA gets what they really 
want - some sort of fee.

- Aaron

At 11:48 AM 3/7/2002 -0500, Dave Faneuf wrote:


>On Mon, 4 Mar 2002 16:03:51 -0500 (EST) hmglaz@webtv.net (Howard Glazer)
>writes:
> >
> > Now, can someone please explain why all these fees will be
> > retroactive
> > to 1998? Did broadcasters and Webcasters stream their programming
> > for
> > years while knowing that (a) copyright law was unclear, and (b)
> > they'd
> > be liable for thousands and thousands of dollars for past streaming
> > if
> > the copyright panel didn't see things their way? Why would anyone
> > take
> > that kind of gamble, especially knowing the clout of the musical
> > entertainment industry in Washington?
> >
> > Howard

______________________________________________
Aaron "Bishop" Read       aread@speakeasy.net
Fried Bagels Consulting   www.friedbagels.com
12 Walnut St. / Waltham, MA / 02453