It's Different on the Internet...

The RIAA is at it again, and this year they've got Sen. Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC) backing them up. Specifically, those are the sponsors of the "Platform Equality and Remedies for Rights Holders in Music Act" (PERFORM), which was introduced (and failed) in 2006 and re-introduced Thursday. (Last year it was only sponsored by Feinstein and Graham)

In a nutshell, the law requires satellite, cable music, and Internet broadcasters to "use reasonably available and economically reasonable technology to prevent music theft." It also would have the government responsible for determining the royalties paid to music companies for the use of music libraries over these media. It also requires all Internet, satellite, and cable broadcasters to incorporate DRM (digital rights management), that same technology that prevents some CDs from working in computers, lots of MP3s from working in certain MP3 players, and generally making it hard to put music in the form you want it. Note that Live365, Shoutcast, iTunes streaming, and the majority of small webcasters use MP3 or other non-DRM'ed technology to broadcast, meaning the majority of webcasters would have to develop new technology to comply with this bill.

Under current law, broadcasters cannot actively assist listeners in pirating music. They are required to use DRM, but only if the format they are using has DRM features. The changes put the FCC in the role of forcing broadcasters of digital music to adopt technologies that prevent consumers from copying (or time-shifting) broadcasted music.

Yes, it's illegal to pirate music, whether you do it via FM radio, satellite, or the Internet. However, under the Audio Home Recording Act of 1992, Subchapter D, you can legally make analog or digital copies of broadcasts (time-shifting, or recording for later playback, has consistently been upheld as fair use by the Supreme Court). This bill changes that by making it illegal to copy digitally transmitted music, while still allowing analog music. Check out the EFF article about last year's version for more information.

Ironically, Senator Sununu (R-NH) has announced that he intends to introduce a bill that will prohibit the FCC from enacting technology mandates, such as the broadcast flag and other DRM-like technologies. Should such a bill pass, it would prevent the FCC from enforcing S.256.

It's really simple folks. Fair use is fair use, and there's nothing wrong or illegal about copying a broadcast to listen to it at a later date. There is something wrong about copying your favorite songs off the radio and creating a mix tape. Unfortunately there's no way to build a technology that allows one but prevents the other, because the intrinsic difference is intent of the end user. The government should not restrict freedoms of broadcasters to use the technologies they want, nor restrict the freedoms of individuals to exercise fair use rights, in an effort to prevent illegal pirating of music. And I'm sure everyone except the RIAA will agree the government has no business setting the royalty rates for music.

Write your Senator to complain about this one. Also, register at govtrack.us, an excellent website that allows you to research virtually any action by Congress. You can have daily updates sent to your inbox, showing all activities by certain representatives, on certain issues, or on certain bills. Or just see everything (but prepare for lengthy e-mails).

Labels: personal freedoms

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