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  (#1 (permalink)) Old
"Bisexual" Tux (Linux Mascot)
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The Digital Mellenium Copyright Act - August 22nd 2011, 09:33 PM

Hey yall,

Just thought I'd start a debate--being that lately this has really been on my nerves lately. My understanding is that, in 1998, the US Congress passed laws that:
1. Change the definition of "copyright infringement" to include any action that compromises a technological barrier or protection designed to restrict the use of a piece of digital copyrighted content. A common example of this is that because Apple designs their software to run only on their hardware, breaking the piece of code that does creates this restriction to run it on any hardware NOT made by Apple is illegal.
2. Require internet radio streams to follow certain rules regarding what music they can and cannot play, and when. The following is quoted from Live365's page(s) regarding the DMCA rules.

Quote:
  • Your program must not be part of an "interactive service." For your purposes, this means that you cannot perform sound recordings within one hour of a request by a listener or at a time designated by the listener.
  • In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; you should not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
  • Continuous looped programs may not be less than three hours long.
  • Rebroadcasts of programs may be performed at scheduled times as follows:
Programs of less than one-hour: no more than three times in a two-week period;
Programs longer than one hour: no more than four times in any two-week period.

You should not publish advance program guides or use other means to pre-announce when particular sound recordings will be played.

Regarding the first rule, I think it's dumb. To my way of thinking, copyright infringement should be defined ONLY as using someone's content (e.g. putting it online, redistributing, selling) without their permission. That is what INFRINGEMENT is intended to mean. I do not think it should be illegal to, for instance, run any software on any computer or rip DVDs that you own onto your computer. You bought the content, and it should not be illegal to use it for your own PERSONAL uses, in whatever manner you see fit, assuming you are not using that content to facilitate the violation of other laws that do not have anything to do with intellectual property rights. I consider these provisions to be mere rules to protect the profits of large corporations, with almost no thought given to the convenience of the people.

In regards to the quote containing so-called "Performance Complement rules", I find these even MORE ridiculous. This does a fantastic job at the following things:
a) making it impossible for some stations to find certain niches while still complying with US law (e.g. a station that specializes in playing music by The Beatles would be in total and utter violation of these provisions).

b) getting the record industry large amounts of money through lawsuits and other legal action due to non-compliance with these provisions simply because people want to be free to play whatever they want on THEIR internet radio stream as long as they pay the appropriate royalties.

c) make it nearly impossible for the average person to comply without either paying for a license to use software that has to be programmed with these rules to keep their station to be compliant OR be constantly monitoring their station day and night to insure that their randomized playlist doesn't violate these provisions, which is completely impractical...it would mean the person would have to make it their CAREER to sit at a desk running their radio stream 24/7 and making sure that it didn't violate any rules. And if they don't want to be up all night, they have to be sure that the station is shut down before they go to bed.

I find these provisions of the DMCA to be very stupid. They were probably mostly instituted by movie and record industry lobbyists for the sole purpose of getting more money, which is just wrong.

What gives Congress the right to REQUIRE me to buy a movie twice in order to put it on my hard drive, and what gives them the right to REQUIRE me to not play too many songs by the same artist on an internet radio stream? I feel this is entirely wrong. Thoughts?


Chris
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last updated on 11/11/17
   
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Re: The Digital Mellenium Copyright Act - August 22nd 2011, 10:44 PM

I don't see how this could possibly be a debate. I've looked up the act, and it's very specific about what is and what is not an infringement; and I have to say, I agree - simply for the fact of deterrence than anything. Personally, I don't want an online radio station completely dedicated to one song or one particular artist, and this ensures that a radio station doesn't do that. Infringement of this Act, despite the specificity, is fairly minor. Most won't pick up on it, and the government is not in their right mind going to set up a taskforce to police online radio stations and copyright infringements on online radio streams - the only ones that will pick up on it are publishers; and I'm sure they won't even care if one song is accidentally played more than 3 times in a 3 hour period, or if the same artist is played more than 4 times in that same period. That being said, that does strike out all possibility of an artist-dedicated radio station; but who wants that anyway?

Furthermore, who in the world wants all royalties paid going to one single artist?


Because in the end, it doesn't even matter.
   
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"Bisexual" Tux (Linux Mascot)
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Re: The Digital Mellenium Copyright Act - August 22nd 2011, 11:33 PM

When you broadcast online, you are required to submit reports to SoundExchange--the agency that has been given authority to administer royalty collection for internet radio in the US. if you don't follow the rules of the DMCA, you are not considered compliant, and they have the right to take legal action against you.

Granted, in most cases it's all gonna be minor, but the very fact that these laws EXIST is stupid.


Chris
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last updated on 11/11/17
   
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