Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
Music Media Communications United States

The RIAA's Push for an Audio Broadcast Flag 374

aaronsorkin writes "The Recording Industry Association of America has discovered that digital radio broadcasts can be copied and redistributed over the Internet, and so it is pushing the FCC to adopt an audio broadcast flag, which would likely prevent users from sending copyrighted radio programs over the Internet. But it could also hamstring other legitimate uses by preventing a digital radio program from leaving the device on which it was recorded. The FCC has initiated a notice of inquiry (pdf), typically a step leading to formal rule-making. The public may submit comments to the FCC between June 16 and July 16. A lobbyist friend sent me copies of the private correspondence on the subject between RIAA president Cary Sherman and Consumer Electronics Association president Gary Shapiro, and Cryptome just posted them here (pdf) and here (pdf). Yes, they're legit. Mindjack just posted an article I wrote on the subject titled, 'Will Digital Radio Be Napsterized?'"
This discussion has been archived. No new comments can be posted.

The RIAA's Push for an Audio Broadcast Flag

Comments Filter:
  • Remember DAT? (Score:5, Informative)

    by PeeAitchPee ( 712652 ) on Tuesday May 25, 2004 @02:40PM (#9250777)
    They did this about 15 years ago with what was the last promising tape-based format, and ended up killing the medium for pretty much everyone but pro audio studios. Wonder how much potential revenue they missed out on w/ that fiasco?
  • Re:NX? (Score:2, Informative)

    by Geiger581 ( 471105 ) on Tuesday May 25, 2004 @02:41PM (#9250785)
    Sorry, but it's No eXecute, not No Read. NX can only prevent execution of code not intended to be executed (stack or data space), not prevent the reading of memory space of a program. NX should be appreciated solely on the grounds that it steals a great deal of Palladium's thunder, postponing that nightmare a little further.
  • by karmatic ( 776420 ) on Tuesday May 25, 2004 @02:42PM (#9250815)
    Here [t28.net].
  • by ManyLostPackets ( 646646 ) on Tuesday May 25, 2004 @02:51PM (#9250914)
    Zinf [zinf.org] has long allowed for the saving of digital broadcasts, from shoutcast at least. But I havn't tested it on other formats, like .m3u streams and what-not (and can't 'cause I'm at work)
  • Re:Fair enough (Score:2, Informative)

    by Cbs228 ( 596164 ) on Tuesday May 25, 2004 @02:57PM (#9251006)

    So fair use in terms of copying to your computer, etc. doesn't apply as you haven't purchased anything.

    That is simply not true. Traditionally, consumers have had the right to "time shift" or "media shift" copyrighted works. "Time shifting" is what allows you to legally record a T.V. show (either with a VHS tape or a PVR) for later viewing. The inclusion of a broadcast flag takes away this right. Yes, time-shifting can be used for copyright infringement, but that does not change the fact that the RIAA et. al are attempting to deprive consumers of their fair use rights.

    The EFF has more information on this here [eff.org].

  • by Wylfing ( 144940 ) <brian@NOsPAm.wylfing.net> on Tuesday May 25, 2004 @03:00PM (#9251038) Homepage Journal
    You have two options: buy their stuff, but don't complain, or don't buy their stuff, and try and support alternative markets - local bands, live concerts, low power FM, etc.

    This is undoubtedly what the long term future holds. However, for the next 50 years, if you don't buy their stuff outright, they'll just get a law passed under which the government collects money from you on their behalf. You will pay the RIAA whether you want to or not.

  • by kb7oeb ( 543726 ) on Tuesday May 25, 2004 @03:04PM (#9251084)
    The FCC restricts what modulation can be broadcast on what frequency. Digital TV broadcasts are modulated with 8VSB (Vestigial Side Band) where digital radio uses IBOC with COFDM. Using IBOC they can transmit Analog and Digital at the same time on the same frequency.

    I found a website that talks about it. http://www.fact-index.com/d/di/digital_audio_broad casting.html [fact-index.com]
  • by COredneck ( 598733 ) on Tuesday May 25, 2004 @03:05PM (#9251092)
    I remember when I went to college in the late 1980's, the RIAA had a campaign against Digital Audio Tape (DAT) but also, they had an ad campaign to get people to support a tax on blank audio casettes.

    The college administration put up the RIAA flyers on the proposed tape tax and to lobby against DAT. At the time, CD's were becoming mainstream and the idea of burning CD's were a concept, not reality.

    At the time, I bought CD's and one of the first things I did was make audio tape recordings from the CD's on casette metal tape (Type IV). The RIAA not only wanted you to buy the CD but if wanted it on casette, they wanted you to buy the pre-recorded tapes which were made on the cheapest tape possible (Type I - ferric oxide) which happened to dirty up tape heads pretty quickly. The metal tape sounded better and it did not dirty up your tape heads. I did not bother with Chromium (Type II) tapes. I now make duplicates of the CD's I buy to take with me on road trips. The originals stay at home. I recently made a copy of the Traveling Wilbury's CD from a guy I work with since it is out of print. The RIAA may not be happy with that but there is no opportunity to buy the CD.

    The RIAA is ridiculous. You may not lose much audio quality if you have to go from digital to audio and back to digital if they implement this. It is bad enough the FCC caved in to the MPAA on the b-cast flag for digital TV. The MPAA also raised hell about VCR's when they came out.

    Don't forget that one of the AOL/Time-Warner executives called people thieves who fast forwarded through the commercial ads. The name if I remember was Jamie Kellner.
  • Re:Fair enough (Score:4, Informative)

    by LocalH ( 28506 ) on Tuesday May 25, 2004 @03:08PM (#9251142) Homepage
    Fair use isn't qualified by 'if you paid cash money for a license'. Fair use applies to ALL copyrighted content, period. Yes, there are limitations. But redistribution and commercial intent are two of the BIG ones - if I'm not redistributing, and I'm not profiting commercially in any other way, then I am LEGAL, whether you think I have 'rights' or not.

    If they broadcast it, I can exercise fair use rights.
  • Re:Fair enough (Score:3, Informative)

    by Aneurysm9 ( 723000 ) on Tuesday May 25, 2004 @03:32PM (#9251523)
    You're right that fair use encompasses the right to make recordings of broadcast programs. You're wrong to think that 112(7)(a) grants an individual any right to make phonorecords. 112 in its entirety is related to broadcasters and their rights to make phonorecords of protected sound recordings for use in their operations after payment of a statutory license fee. When analysing provisions of the Copyright Act it is always important to trace back any dependencies to fully understand what provisions apply to who in what context.
  • Hard to bypass (Score:3, Informative)

    by nurb432 ( 527695 ) on Tuesday May 25, 2004 @03:36PM (#9251581) Homepage Journal
    Remember they want even D/A chips to have DRM features, so if the data isn't authorized, you wont get any sound out at all...

    Sure its not practical, but they can move towards the goal.
  • by 680x0 ( 467210 ) <vicky @ s t e e d s . c om> on Tuesday May 25, 2004 @03:38PM (#9251599) Journal
    Very insightful. I have a few "starving musician" friends who'd appreciate a bigger audience. And lately, even the CDs I've been buying have been imports, and small labels (like Century Media [centurymedia.com]).

    Then again, I am following the sheep to this summer's Ozzfest [ozzfest.com]. But with a re-united Judas Priest, I couldn't resist. Oh, well, I guess, small steps.

  • Re:Remember DAT? (Score:3, Informative)

    by ivan256 ( 17499 ) * on Tuesday May 25, 2004 @03:40PM (#9251629)
    DAT cost more because blanks include a compulsory royalty paid to the publishing industry. This kept (even to this day) the cost of DAT media very high. YOu can get a spool of CD-Rs for less than a 90 minute DAT blank. THis is why DAT never became affordable, and never succeeded.

    And look at how well it worked at preventing piracy.... The market chose an unencumbered format.
  • Re:easy to bypass (Score:5, Informative)

    by Entropius ( 188861 ) on Tuesday May 25, 2004 @03:46PM (#9251708)
    I'll answer that question: not very lossy at all. You probably don't want to do it on an onboard sound card, but any decent PCI (or even USB) sound board ($~40) will provide for this purpose perfect recording.

    This is compounded by the fact that radio signals (as someone above pointed out) go through a process called "dynamic range compression", which basically makes the soft bits louder and the loud bits softer. This does a couple of things: 1) it makes setting recording levels for FM recording a snap, since it's all close to the same amplitude, 2) it makes sound card fidelity even less important, since you don't have a huge dynamic range to deal with*, 3) it screws up the quality anyway, so who cares if your card puts a -50 dB noise signal in there?

    (Comment about dynamic range compression: I suppose boosting soft bits of the audio helps to raise the signal-to-noise ratio for weak FM signals--otherwise very soft passages would get lost in static. Even with range compression the local classical station has issues with this.However, wouldn't it be trivial to do the range compression, then broadcast the dynamic shift on a sideband channel? Then the FM receiver could reconstruct the original dynamic from the (compressed) signal and the sideband dynamic indication. That would be the best of both worlds... and would be backwards-compatible since older FM receivers would just get the compressed signal, same as they do now.)

    You're not going to get audiophile-quality sound off an FM broadcast. This isn't the fault of the recording equipment, the radio receiver, or the FM transmission process; it's what they do to the signal before it hits the transmitter. This is a good thing for this purpose though, since it means even crappy hardware doesn't mess up the recording!

    *Some of the most challenging signals to record accurately are those with both very loud and very soft periods. The recording gain has to be set low enough to accomodate the loud passages. Then, the combination of the low gain with the low intrinsic volume of the soft bits makes for a very low signal--which, on bad hardware, can be comparable to the noise floor. But we don't care about this on the radio, since it's *all* loud.
  • by Gothic_Walrus ( 692125 ) on Tuesday May 25, 2004 @03:46PM (#9251710) Journal
    If the FCC adopts such a broadcast flag rule for digital radio, it would apply only to what's called "in-band on-channel digital radio content," that is, digital radio stations that broadcast over the airwaves -- as traditional AM and FM stations now do -- and not to satellite radio or Webcasters that stream digital radio over the Internet.

    Unless I'm mistaken, this means that the flag will not apply to Shoutcast radio stations or others that are internet-only. This sounds like it applies to XM, Sirius, and other forms of digital radio, but NOT what's streamed to your computer.

    Then again, I could be misinterpreting that part of the article...

  • by MenTaLguY ( 5483 ) on Tuesday May 25, 2004 @03:51PM (#9251774) Homepage
    I shouldn't say something like that without backing it up.

    Here: Content Protection Status Report [senate.gov]

    Implementation of a "broadcast flag" is listed as Goal One. Goal two is ... wait for it ... "plugging the analog hole".

    Of course there are easy technical ways to bypass any such schemes if you can get your hands on uncrippled A/D hardware. Your student or journalist is welcome to take advantage of them if they are willing to risk going to prison.
  • Re:Introductions... (Score:3, Informative)

    by the_mad_poster ( 640772 ) <shattoc@adelphia.com> on Tuesday May 25, 2004 @04:12PM (#9252060) Homepage Journal

    When the FCC enforces an audio broadcast flag, and all software has to respect it there will be free speech issues.

    No, there won't be.

    Fair use is a free speech issue...

    No, it's not. Not in this context.

    This is technical legislation that affects the product itself. This is no different than putting a chip in a car that doesn't let you resell or give away the vehicle. It's stupid, but then, you'd have to be a stupid person to buy it. Maybe it's a consumer rights issue and it might also be an abuse of a monopolistic position (assuming that no non-monopoly would ever get away with such crap), but there are no free speech issues involved in damaging your own product. As long as people are clearly made aware it's there before they buy it (right to know what you're buying), it's up to the consumer to determine whether or not they want to purchase it. As a buyer, I would look at such media as an inferior product, and I would not purchase it.

    Back to the "fair use" tripe: no, it's not a fair use issues. If Cary Sherman came over and kicked you in the nuts for making a parody of a song, it's a fair use problem (and aggravated assault, but that's a different issue). If Cary Sherman doesn't let you redistribute exact copies of the original song + parody via technology breakage on the data, well, too bad. Why are you buying faulty products? Also, nothing is stopping you from recreating it yourself in parody. Nothing says that the content provider is OBLIGATED to provide you with an exact copy for the purposes of reuse or parody or anything else.

    It's a broken product, plain and simple. There is not freedom of speech issue, and reactionay statements to that effect just make dissenters of this policy look like babbling fools. I'd really appreciate it if people on Slashdot would pull their heads out of their asses now and then and try to repsond to this sort of thing in a rational, sane manner, because nobdoy is going to listen to this den of lunatics as long as the hive mind moderation continues to reward this sort of nonsensical response and behavior with facetime at +5, Whatever (I'm aware the original poster didn't get modded up).

  • by anonicon ( 215837 ) on Tuesday May 25, 2004 @04:44PM (#9252414)
    Hey,

    While you're right to a point, I put together a little shorthand guide to the best of free Indie downloads and paid Indie CDs here:

    http://fatchuck.com/z1.html [fatchuck.com]

    FWIW, it's a quick hack, but it'll have to suffice until something better comes along.

    Chuck
  • by Anonymous Coward on Tuesday May 25, 2004 @06:00PM (#9253283)
    You're speaking of performance royalties, which are paid whenever a piece of music is played or performed publicly. ASCAP, along with BMI and SESAC are the agencies that collect performance royalties. They go to songwriters and publishers only, and have nothing to do with the RIAA or the record labels.

    In fact, the record labels are the ones getting the short end of the stick, since they own the sound-recording copyrights, but don't get paid when their copyrights are used by other businesses (such as radio stations and bars).

    When dealing with a digital audio transmission, the record labels come into the picture, since the copyright act states that the owner of a sound recording copyright has the exclusive right to transmit digitally, thus digital radio stations much pay licensing fees.
  • by Jardine ( 398197 ) on Tuesday May 25, 2004 @06:13PM (#9253397) Homepage
    I've heard that rumor floating around but I'd like to see the proof that you can infact copy the CD legally. I know they charge a blanket tax but I'd be very suprised if infact the CRIA has given away the right to prosecut you.

    Do you have any links to prove this (and no slashdot opinions don't count)?


    How about Part 8 [justice.gc.ca] of the Canadian Copyright Act? Plenty of legal speak in it, but the part that matters here is this section:

    80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

    (a) a musical work embodied in a sound recording,

    (b) a performer's performance of a musical work embodied in a sound recording, or

    (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

    onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording. (emphasis mine)

    The section after that sets up the levy on CDRs, tapes, etc. If you want it explained in something other than lawyer-speak, try this FAQ [neil.eton.ca].

Always draw your curves, then plot your reading.

Working...