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Re: [fearnwhiskey] WXDU Streaming No More

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  • Steve Gardner
    ... The odd thing was that even under the new fee structure WXDU could afford it. So, I don t think this was a money issue. It s more an issue of the legal
    Message 1 of 9 , Sep 5, 2002
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      >Do you guys have pledge drives? Maybe a special one
      >for netcasting
      >royalties might placate the administration?

      The odd thing was that even under the new fee structure WXDU could afford
      it. So, I don't think this was a money issue. It's more an issue of the
      legal departments in Duke being uncomfortable with the new agreement...but
      I'm not sure exactly which part is making them uncomfortable.

      steve
    • Kelly Kessler
      Man, that blows. Sorry to hear it, Steve. With the general high handedness of the current administration and its open season policy for the big corps, it s
      Message 2 of 9 , Sep 5, 2002
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        Man, that blows. Sorry to hear it, Steve. With the general high handedness
        of the current administration and its open season policy for the big corps,
        it's hard to be optimistic about the whole internet royalties deal working
        out in a fashion we'd like.
      • Rob Jefferson
        ... Well, there are two components to the new royalty system. The first is the money -- a lot of noncommercial radio stations can afford the fees, so it s not
        Message 3 of 9 , Sep 5, 2002
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          On Thu, 5 Sep 2002, Steve Gardner wrote:

          > The odd thing was that even under the new fee structure WXDU could afford
          > it. So, I don't think this was a money issue. It's more an issue of the
          > legal departments in Duke being uncomfortable with the new agreement...but
          > I'm not sure exactly which part is making them uncomfortable.

          Well, there are two components to the new royalty system. The first is
          the money -- a lot of noncommercial radio stations can afford the fees, so
          it's not much of a problem for them. However, even if the station can
          shell out the money, there is a *lot* of logging required.

          http://www.radiohorizon.com/index.php3?fcn=displayarticle&id=2424

          This page lists the data for radio stations to collect, not only on a
          per-song basis, but on a per-listener basis as well. For songs, some
          things aren't too difficult; for example, time of show, name of song,
          label, album title, etc. Some things are less tractable in some cases --
          UPC, catalog number. In any case, it makes difficult the ability for DJs
          to bring music from home, and it requires an immense cataloging task for a
          radio station (since not only are they asking for album information, but
          song information as well -- in the case of compilations, this becomes a
          nightmare).

          The second part of the logging, and probably the true problem, is a log of
          everyone who listens in. They're asking for a unique identifier (which
          could very well be a unique random number presented as a cookie on the
          website, but presumably they'd want something more content-rich), but
          they're also asking for the listener's country and timezone. There's no
          way to accurately obtain this information without making the users
          register, and even then there's no good way to assure quality of the data.

          A good number of stations, even if they can pay the licensing fees, will
          likely buckle under the strain of the logistics of logging. Putting such
          a system online is most feasible for stations that play primarily
          trivially obtainable music and have both small libraries and a small list
          of songs. Without knowing what sorts of legal challenges they may have,
          that would be a significant reason why WXDU would cease operations rather
          than attempt compliance.

          rob
        • Kathleen Loebig
          Do you guys have a lawyer that you consult who specializes in FCC/radio law? WRCT used to have one out of VA that we could consult on legal issues. Maybe he
          Message 4 of 9 , Sep 5, 2002
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            Do you guys have a lawyer that you consult who specializes in FCC/radio law? WRCT used to have one out of VA that we could consult on legal issues. Maybe he could state a clearer case for those University lawyers.

            I find it incredibly disturbing the number of stations that are going off the air in anticipation of what "might" happen...

            KL

            ----- Original Message -----<BR>
            From: "Steve Gardner" <steve@...><BR>
            Date: Thu, 5 Sep 2002 09:42:24 -0400<BR>
            To: <fearnwhiskey@yahoogroups.com><BR>
            Subject: Re: [fearnwhiskey] WXDU Streaming No More<BR>
            <BR>
            <xhtml><body>


            <tt>
            >Do you guys have pledge drives?� Maybe a special one<BR>
            >for netcasting<BR>
            >royalties might placate the administration?<BR>
            <BR>
            The odd thing was that even under the new fee structure WXDU could afford<BR>
            it. So, I don't think this was a money issue. It's more an issue of the<BR>
            legal departments in Duke being uncomfortable with the new agreement...but<BR>
            I'm not sure exactly which part is making them uncomfortable.<BR>
            <BR>
            steve<BR>
            <BR>
            </tt>

            <br>

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          • mosurock
            Set up a server offshore, like in the Virgin Islands or Barbados. Set up a sports book while you re at it to help pay for legal defense. we got ya covered!
            Message 5 of 9 , Sep 5, 2002
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              Set up a server offshore, like in the Virgin Islands or Barbados. Set up a
              sports book while you're at it to help pay for legal defense.

              we got ya covered!
              doug

              -----Original Message-----
              From: Kathleen Loebig [mailto:missdiva@...]
              Sent: Thursday, September 05, 2002 1:53 PM
              To: fearnwhiskey@yahoogroups.com
              Subject: Re: [fearnwhiskey] WXDU Streaming No More


              Do you guys have a lawyer that you consult who specializes in FCC/radio law?
              WRCT used to have one out of VA that we could consult on legal issues.
              Maybe he could state a clearer case for those University lawyers.

              I find it incredibly disturbing the number of stations that are going off
              the air in anticipation of what "might" happen...

              KL

              ----- Original Message -----<BR>
              From: "Steve Gardner" <steve@...><BR>
              Date: Thu, 5 Sep 2002 09:42:24 -0400<BR>
              To: <fearnwhiskey@yahoogroups.com><BR>
              Subject: Re: [fearnwhiskey] WXDU Streaming No More<BR>
              <BR>
              <xhtml><body>


              <tt>
              >Do you guys have pledge drives?  Maybe a special one<BR>
              >for netcasting<BR>
              >royalties might placate the administration?<BR>
              <BR>
              The odd thing was that even under the new fee structure WXDU could
              afford<BR>
              it. So, I don't think this was a money issue. It's more an issue of the<BR>
              legal departments in Duke being uncomfortable with the new
              agreement...but<BR>
              I'm not sure exactly which part is making them uncomfortable.<BR>
              <BR>
              steve<BR>
              <BR>
              </tt>

              <br>

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              size=-2>ADVERTISEMENT</font><br><a
              href="http://rd.yahoo.com/M=229441.2336363.3766536.2225242/D=egroupweb/S=170
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            • Steve Gardner
              ... the air in anticipation of what might happen... I know, it s crazy. It d be like a President wanting to bomb a foreign country just because they might
              Message 6 of 9 , Sep 5, 2002
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                > I find it incredibly disturbing the number of stations that are going off
                the air in >anticipation of what "might" happen...

                I know, it's crazy. It'd be like a President wanting to bomb a foreign
                country just because they "might" have nuclear weapons at some point. That'd
                be assinine.

                <g>

                Hey, I'm on a panel at the AMA conference on the CARP legislation and it's
                effect at Americana radio. Also on the panel is a guy from the RIAA. Can
                anyone give me some good ammo? (Rob, I already printed out your email.
                Thanks!)

                steve
              • Carl Zimring
                --On Thursday, September 5, 2002 5:27 PM -0400 Steve Gardner ... Do you want .45 or .38? Carl Z.
                Message 7 of 9 , Sep 5, 2002
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                  --On Thursday, September 5, 2002 5:27 PM -0400 Steve Gardner
                  <steve@...> wrote:

                  > Also on the panel is a guy from the RIAA. Can
                  > anyone give me some good ammo?

                  Do you want .45 or .38?

                  Carl Z.
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