DRM, Policy Blog

Google Blinks, and Today the Internet is a Little Less Free

Just a few moments ago, YouTube introduced the beta version of its "video identification" system, the purpose of which is to control the amount of infringing material that appears on the site. Under enormous pressure from movie studios and record labels and their friends on Capitol Hill to filter out copyrighted material, and with the Viacom lawsuit looming, You Tube's parent Google has developed a tool that will likely restrict the flow of legal content over the Internet, and absolutely raises the bar for each and every entity that serves as a conduit for copyrighted works.

Here is how the system works: A copyright holder uploads its works into a reference database, which then generates identification files by which uploaded videos are matched. When a user uploads a video onto YouTube, that video is matched with the identification file. If there is a "match" (more on that later), then the video is subject to whatever action the rights holder has decided to apply to it; for example, it could be blocked, "tracked" or "monetized." If the video is blocked, the user will be notified, and can immediately contest the claim by clicking onto a link. Once YouTube receives the user contest, it will put the video back on the site. At that point, notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) would kick in. If the copyright holder continues to want the video removed, it would have to send a takedown notice required by the DMCA. The user can send a counter-notice, whereupon the video would be reinstated, etc.



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Just a few moments ago, YouTube introduced the beta version of its "video identification" system, the purpose of which is to control the amount of infringing material that appears on the site. Under enormous pressure from movie studios and record labels and their friends on Capitol Hill to filter out copyrighted material, and with the Viacom lawsuit looming, You Tube's parent Google has developed a tool that will likely restrict the flow of legal content over the Internet, and absolutely raises the bar for each and every entity that serves as a conduit for copyrighted works.

Here is how the system works: A copyright holder uploads its works into a reference database, which then generates identification files by which uploaded videos are matched. When a user uploads a video onto YouTube, that video is matched with the identification file. If there is a "match" (more on that later), then the video is subject to whatever action the rights holder has decided to apply to it; for example, it could be blocked, "tracked" or "monetized." If the video is blocked, the user will be notified, and can immediately contest the claim by clicking onto a link. Once YouTube receives the user contest, it will put the video back on the site. At that point, notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) would kick in. If the copyright holder continues to want the video removed, it would have to send a takedown notice required by the DMCA. The user can send a counter-notice, whereupon the video would be reinstated, etc.

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Just a few moments ago, YouTube introduced the beta version of its "video identification" system, the purpose of which is to control the amount of infringing material that appears on the site. Under enormous pressure from movie studios and record labels and their friends on Capitol Hill to filter out copyrighted material, and with the Viacom lawsuit looming, You Tube's parent Google has developed a tool that will likely restrict the flow of legal content over the Internet, and absolutely raises the bar for each and every entity that serves as a conduit for copyrighted works.

Here is how the system works: A copyright holder uploads its works into a reference database, which then generates identification files by which uploaded videos are matched. When a user uploads a video onto YouTube, that video is matched with the identification file. If there is a "match" (more on that later), then the video is subject to whatever action the rights holder has decided to apply to it; for example, it could be blocked, "tracked" or "monetized." If the video is blocked, the user will be notified, and can immediately contest the claim by clicking onto a link. Once YouTube receives the user contest, it will put the video back on the site. At that point, notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) would kick in. If the copyright holder continues to want the video removed, it would have to send a takedown notice required by the DMCA. The user can send a counter-notice, whereupon the video would be reinstated, etc.

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Just a few moments ago, YouTube introduced the beta version of its "video identification" system, the purpose of which is to control the amount of infringing material that appears on the site. Under enormous pressure from movie studios and record labels and their friends on Capitol Hill to filter out copyrighted material, and with the Viacom lawsuit looming, You Tube's parent Google has developed a tool that will likely restrict the flow of legal content over the Internet, and absolutely raises the bar for each and every entity that serves as a conduit for copyrighted works.

Here is how the system works: A copyright holder uploads its works into a reference database, which then generates identification files by which uploaded videos are matched. When a user uploads a video onto YouTube, that video is matched with the identification file. If there is a "match" (more on that later), then the video is subject to whatever action the rights holder has decided to apply to it; for example, it could be blocked, "tracked" or "monetized." If the video is blocked, the user will be notified, and can immediately contest the claim by clicking onto a link. Once YouTube receives the user contest, it will put the video back on the site. At that point, notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) would kick in. If the copyright holder continues to want the video removed, it would have to send a takedown notice required by the DMCA. The user can send a counter-notice, whereupon the video would be reinstated, etc.

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Amazon mp3s: no software restrictions, but legal ones.

Brian Dudley, a columnist at the Seattle Times, has noted that just because Amazon's mp3 downloads are DRM-free doesn't mean they aren't restricted. They're just restricted legally, by contract.

The terms of service allow for some types of fair use. (Um, yay. You're letting me do what the law already says I can. Though that's above par for the course, so far.):

<

blockquote> 2.1 License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.



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Brian Dudley, a columnist at the Seattle Times, has noted that just because Amazon's mp3 downloads are DRM-free doesn't mean they aren't restricted. They're just restricted legally, by contract.

The terms of service allow for some types of fair use. (Um, yay. You're letting me do what the law already says I can. Though that's above par for the course, so far.):

<

blockquote> 2.1 License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

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Brian Dudley, a columnist at the Seattle Times, has noted that just because Amazon's mp3 downloads are DRM-free doesn't mean they aren't restricted. They're just restricted legally, by contract.

The terms of service allow for some types of fair use. (Um, yay. You're letting me do what the law already says I can. Though that's above par for the course, so far.):

<

blockquote> 2.1 License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

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Brian Dudley, a columnist at the Seattle Times, has noted that just because Amazon's mp3 downloads are DRM-free doesn't mean they aren't restricted. They're just restricted legally, by contract.

The terms of service allow for some types of fair use. (Um, yay. You're letting me do what the law already says I can. Though that's above par for the course, so far.):

<

blockquote> 2.1 License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

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How I Learned to Stop Worrying and Love DRM-Free Files

Ian Rogers of Yahoo Music has a fascinating blog post containing a talk he gave to an audience of music industry folks. Basically, his point is that the user experiences provided by record labels and retailers are what's losing them massive opportunities in online sales. The gist of the presentation is nicely summed up in its title: "Convenience Wins, Hubris Loses, and Content vs. Context, a Presentation for Some Music Industry Friends."

DRM is one major example he gives of customer inconvenience:

While running "New Media" at Grand Royal I released the first day/date digital/physical release with At The Drive-In's "Relationship of Command" . Thanks to EMI requirements (hi Ted! hi Melissa!) it was DRM'd WMA and we sold about 12 copies in the first month, probably all to journalists.


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Ian Rogers of Yahoo Music has a fascinating blog post containing a talk he gave to an audience of music industry folks. Basically, his point is that the user experiences provided by record labels and retailers are what's losing them massive opportunities in online sales. The gist of the presentation is nicely summed up in its title: "Convenience Wins, Hubris Loses, and Content vs. Context, a Presentation for Some Music Industry Friends."

DRM is one major example he gives of customer inconvenience:

While running "New Media" at Grand Royal I released the first day/date digital/physical release with At The Drive-In's "Relationship of Command" . Thanks to EMI requirements (hi Ted! hi Melissa!) it was DRM'd WMA and we sold about 12 copies in the first month, probably all to journalists.
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Ian Rogers of Yahoo Music has a fascinating blog post containing a talk he gave to an audience of music industry folks. Basically, his point is that the user experiences provided by record labels and retailers are what's losing them massive opportunities in online sales. The gist of the presentation is nicely summed up in its title: "Convenience Wins, Hubris Loses, and Content vs. Context, a Presentation for Some Music Industry Friends."

DRM is one major example he gives of customer inconvenience:

While running "New Media" at Grand Royal I released the first day/date digital/physical release with At The Drive-In's "Relationship of Command" . Thanks to EMI requirements (hi Ted! hi Melissa!) it was DRM'd WMA and we sold about 12 copies in the first month, probably all to journalists.
[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Ian Rogers of Yahoo Music has a fascinating blog post containing a talk he gave to an audience of music industry folks. Basically, his point is that the user experiences provided by record labels and retailers are what's losing them massive opportunities in online sales. The gist of the presentation is nicely summed up in its title: "Convenience Wins, Hubris Loses, and Content vs. Context, a Presentation for Some Music Industry Friends."

DRM is one major example he gives of customer inconvenience:

While running "New Media" at Grand Royal I released the first day/date digital/physical release with At The Drive-In's "Relationship of Command" . Thanks to EMI requirements (hi Ted! hi Melissa!) it was DRM'd WMA and we sold about 12 copies in the first month, probably all to journalists.
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Web Radio Inches Towards a Solution

It looks like large webcasters might just catch a break from higher licensing fees. Last month two major sides - SoundExchange representing the record labels and the Digital Media Association (DiMA) representing the large webcasters - came to a preliminary agreement about one of the most decisive issues in the rate-setting debate. A single webcaster will not have to pay more than $50,000 to SoundExchange, no matter how many stations or listeners it may have.



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It looks like large webcasters might just catch a break from higher licensing fees. Last month two major sides - SoundExchange representing the record labels and the Digital Media Association (DiMA) representing the large webcasters - came to a preliminary agreement about one of the most decisive issues in the rate-setting debate. A single webcaster will not have to pay more than $50,000 to SoundExchange, no matter how many stations or listeners it may have.

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It looks like large webcasters might just catch a break from higher licensing fees. Last month two major sides - SoundExchange representing the record labels and the Digital Media Association (DiMA) representing the large webcasters - came to a preliminary agreement about one of the most decisive issues in the rate-setting debate. A single webcaster will not have to pay more than $50,000 to SoundExchange, no matter how many stations or listeners it may have.

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It looks like large webcasters might just catch a break from higher licensing fees. Last month two major sides - SoundExchange representing the record labels and the Digital Media Association (DiMA) representing the large webcasters - came to a preliminary agreement about one of the most decisive issues in the rate-setting debate. A single webcaster will not have to pay more than $50,000 to SoundExchange, no matter how many stations or listeners it may have.

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Last Cry of the Dinosaurs

I'm here in Aspen at the Aspen Institute's Forum on Communications and Society and the opening panel was entitled "The New Media Paradigm," but it may as well have been called "The Last Gasp of Old Media." The star of that show was none other than former Disney CEO and Hollings bill (which would have required copy protection technologies in every media device) promoter Michael Eisner.



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I'm here in Aspen at the Aspen Institute's Forum on Communications and Society and the opening panel was entitled "The New Media Paradigm," but it may as well have been called "The Last Gasp of Old Media." The star of that show was none other than former Disney CEO and Hollings bill (which would have required copy protection technologies in every media device) promoter Michael Eisner.

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I'm here in Aspen at the Aspen Institute's Forum on Communications and Society and the opening panel was entitled "The New Media Paradigm," but it may as well have been called "The Last Gasp of Old Media." The star of that show was none other than former Disney CEO and Hollings bill (which would have required copy protection technologies in every media device) promoter Michael Eisner.

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I'm here in Aspen at the Aspen Institute's Forum on Communications and Society and the opening panel was entitled "The New Media Paradigm," but it may as well have been called "The Last Gasp of Old Media." The star of that show was none other than former Disney CEO and Hollings bill (which would have required copy protection technologies in every media device) promoter Michael Eisner.

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Entertainment Industry Bullies Pick on Higher Ed

This past Friday I had the honor of speaking to the EDUCAUSE/Cornell Institute for Computer Policy and Law at Cornell University in Ithaca, NY. The attendees were largely college and university chief technologists, with a smattering of university legal counsels. The name of my presentation (pdf) was "IT Perspectives Inside the Beltway," but clearly there was only one Beltway issue foremost on the minds of the participants - an amendment to a higher education bill proposed by House Majority Leader Harry Reid. As Sherwin discusses here, that amendment conditioned federal funding on colleges and universities filtering their networks for infringing materials and compiling reports on those measures for the Secretary of Education.



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This past Friday I had the honor of speaking to the EDUCAUSE/Cornell Institute for Computer Policy and Law at Cornell University in Ithaca, NY. The attendees were largely college and university chief technologists, with a smattering of university legal counsels. The name of my presentation (pdf) was "IT Perspectives Inside the Beltway," but clearly there was only one Beltway issue foremost on the minds of the participants - an amendment to a higher education bill proposed by House Majority Leader Harry Reid. As Sherwin discusses here, that amendment conditioned federal funding on colleges and universities filtering their networks for infringing materials and compiling reports on those measures for the Secretary of Education.

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This past Friday I had the honor of speaking to the EDUCAUSE/Cornell Institute for Computer Policy and Law at Cornell University in Ithaca, NY. The attendees were largely college and university chief technologists, with a smattering of university legal counsels. The name of my presentation (pdf) was "IT Perspectives Inside the Beltway," but clearly there was only one Beltway issue foremost on the minds of the participants - an amendment to a higher education bill proposed by House Majority Leader Harry Reid. As Sherwin discusses here, that amendment conditioned federal funding on colleges and universities filtering their networks for infringing materials and compiling reports on those measures for the Secretary of Education.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

This past Friday I had the honor of speaking to the EDUCAUSE/Cornell Institute for Computer Policy and Law at Cornell University in Ithaca, NY. The attendees were largely college and university chief technologists, with a smattering of university legal counsels. The name of my presentation (pdf) was "IT Perspectives Inside the Beltway," but clearly there was only one Beltway issue foremost on the minds of the participants - an amendment to a higher education bill proposed by House Majority Leader Harry Reid. As Sherwin discusses here, that amendment conditioned federal funding on colleges and universities filtering their networks for infringing materials and compiling reports on those measures for the Secretary of Education.

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Readin', Rattin', 'Rithmetic: RIAA wants colleges and universities to do their dirty work

HR 2669 is a bill designed to make college more affordable by doing things like adjusting rates on student loans and providing incentives for lowering tuition. So why do we suddenly see the ugly head of the RIAA poking its way into educational and budget issues?

EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE's take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.



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HR 2669 is a bill designed to make college more affordable by doing things like adjusting rates on student loans and providing incentives for lowering tuition. So why do we suddenly see the ugly head of the RIAA poking its way into educational and budget issues?

EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE's take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.

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HR 2669 is a bill designed to make college more affordable by doing things like adjusting rates on student loans and providing incentives for lowering tuition. So why do we suddenly see the ugly head of the RIAA poking its way into educational and budget issues?

EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE's take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

HR 2669 is a bill designed to make college more affordable by doing things like adjusting rates on student loans and providing incentives for lowering tuition. So why do we suddenly see the ugly head of the RIAA poking its way into educational and budget issues?

EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE's take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.

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In the News

  • CNET News covers our response to NBC's anti-piracy demands at the FCC. After NBC General Counsel Richard Cotton wrote that "broadband service providers have an obligation to use readily available means to prevent the use of their broadband capacity to transfer pirated content," Public Knowledge filed a joint response with (among others) EFF, the Consumer Federation of America, and the Media Access Project, debunking NBC's claims. You can read John Bergmayer's and Art's posts on the issue here and here.


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  • CNET News covers our response to NBC's anti-piracy demands at the FCC. After NBC General Counsel Richard Cotton wrote that "broadband service providers have an obligation to use readily available means to prevent the use of their broadband capacity to transfer pirated content," Public Knowledge filed a joint response with (among others) EFF, the Consumer Federation of America, and the Media Access Project, debunking NBC's claims. You can read John Bergmayer's and Art's posts on the issue here and here.
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  • CNET News covers our response to NBC's anti-piracy demands at the FCC. After NBC General Counsel Richard Cotton wrote that "broadband service providers have an obligation to use readily available means to prevent the use of their broadband capacity to transfer pirated content," Public Knowledge filed a joint response with (among others) EFF, the Consumer Federation of America, and the Media Access Project, debunking NBC's claims. You can read John Bergmayer's and Art's posts on the issue here and here.
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  • CNET News covers our response to NBC's anti-piracy demands at the FCC. After NBC General Counsel Richard Cotton wrote that "broadband service providers have an obligation to use readily available means to prevent the use of their broadband capacity to transfer pirated content," Public Knowledge filed a joint response with (among others) EFF, the Consumer Federation of America, and the Media Access Project, debunking NBC's claims. You can read John Bergmayer's and Art's posts on the issue here and here.
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Don't Break the Internet: NBC's Bad Idea Gets Worse When You Look at It

A few weeks ago, NBC Universal filed comments in the FCC's proceeding on "Broadband Industry Practices." It asked that the FCC require that Internet Service Providers institute "bandwidth management tools"--its code for network filters--to try to screen the Internet of copyright infringement. Yesterday, we filed our response, joined by Consumer Federation of America, EDUCAUSE, Electronic Frontier Foundation, Electronic Privacy Information Center, FreeCulture.org, Free Press, Knowledge Ecology International, Media Access Project, New America Foundation, and U.S. Public Interest Research Group.



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A few weeks ago, NBC Universal filed comments in the FCC's proceeding on "Broadband Industry Practices." It asked that the FCC require that Internet Service Providers institute "bandwidth management tools"--its code for network filters--to try to screen the Internet of copyright infringement. Yesterday, we filed our response, joined by Consumer Federation of America, EDUCAUSE, Electronic Frontier Foundation, Electronic Privacy Information Center, FreeCulture.org, Free Press, Knowledge Ecology International, Media Access Project, New America Foundation, and U.S. Public Interest Research Group.

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A few weeks ago, NBC Universal filed comments in the FCC's proceeding on "Broadband Industry Practices." It asked that the FCC require that Internet Service Providers institute "bandwidth management tools"--its code for network filters--to try to screen the Internet of copyright infringement. Yesterday, we filed our response, joined by Consumer Federation of America, EDUCAUSE, Electronic Frontier Foundation, Electronic Privacy Information Center, FreeCulture.org, Free Press, Knowledge Ecology International, Media Access Project, New America Foundation, and U.S. Public Interest Research Group.

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A few weeks ago, NBC Universal filed comments in the FCC's proceeding on "Broadband Industry Practices." It asked that the FCC require that Internet Service Providers institute "bandwidth management tools"--its code for network filters--to try to screen the Internet of copyright infringement. Yesterday, we filed our response, joined by Consumer Federation of America, EDUCAUSE, Electronic Frontier Foundation, Electronic Privacy Information Center, FreeCulture.org, Free Press, Knowledge Ecology International, Media Access Project, New America Foundation, and U.S. Public Interest Research Group.

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DiMA's Offer in Webcasting Rates Negotiations: Let's look at DRM

So it looks like there was some truth to the rumors: SoundExchange wants webcasters to implement some kind of DRM as part of a deal to charge lower webcasting rates.

In response, the Digital Media Association (DiMA) has written a letter, in which it offered to work with SoundExchange to research the issue of stream-ripping (i.e. recording from streamed media), and see what solutions are needed. Implicit in this offer is the suggestion that stream-ripping may not be the boogeyman that the record labels claim it is. After all, there are any number of ways, both legal and illegal, for users to get much higher-quality music, with less hassle, than by waiting for a song to come around on a webcast and then record it, low bitrate and all.



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So it looks like there was some truth to the rumors: SoundExchange wants webcasters to implement some kind of DRM as part of a deal to charge lower webcasting rates.

In response, the Digital Media Association (DiMA) has written a letter, in which it offered to work with SoundExchange to research the issue of stream-ripping (i.e. recording from streamed media), and see what solutions are needed. Implicit in this offer is the suggestion that stream-ripping may not be the boogeyman that the record labels claim it is. After all, there are any number of ways, both legal and illegal, for users to get much higher-quality music, with less hassle, than by waiting for a song to come around on a webcast and then record it, low bitrate and all.

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So it looks like there was some truth to the rumors: SoundExchange wants webcasters to implement some kind of DRM as part of a deal to charge lower webcasting rates.

In response, the Digital Media Association (DiMA) has written a letter, in which it offered to work with SoundExchange to research the issue of stream-ripping (i.e. recording from streamed media), and see what solutions are needed. Implicit in this offer is the suggestion that stream-ripping may not be the boogeyman that the record labels claim it is. After all, there are any number of ways, both legal and illegal, for users to get much higher-quality music, with less hassle, than by waiting for a song to come around on a webcast and then record it, low bitrate and all.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

So it looks like there was some truth to the rumors: SoundExchange wants webcasters to implement some kind of DRM as part of a deal to charge lower webcasting rates.

In response, the Digital Media Association (DiMA) has written a letter, in which it offered to work with SoundExchange to research the issue of stream-ripping (i.e. recording from streamed media), and see what solutions are needed. Implicit in this offer is the suggestion that stream-ripping may not be the boogeyman that the record labels claim it is. After all, there are any number of ways, both legal and illegal, for users to get much higher-quality music, with less hassle, than by waiting for a song to come around on a webcast and then record it, low bitrate and all.

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