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Proposed Law Bans MP3 Streaming of Mainstream Music

April 28, 2006

Senators Dianne Feinstein (D-Cal.) and Lindsey Graham (R-S.C.) have introduced S. 2644, dubbed the PERFORM Act, that would restrict music webcasters that play mainstream music artists from using MP3 formats and other formats that are free of digital rights-management software.

Currently, webcasters that want to stream major label music are entitled to do so under a statutory license (administered by SoundExchange) set out in section 114(d) of the Copyright Act. So long as they follow the rules and pay a royalty, webcasters can play whatever music they like, using whatever streaming format they like.

The PERFORM Act would change that, requiring webcasters to use DRM that restricts the recording of webcasts. The proposed change would not affect music

If the PERFORM Act becomes law, webcasters who use the statutory SoundExchange licenses to play music would have to give up MP3 streaming in favor of a DRM-restricted, proprietary formats that impose restrictions on any recordings made.

There is currently no standard licensing option to legally include major label music in podcasts.

More information is available at the EFF site.

Comments

It's unbelievable the depths to which the US congress will sink to appease their lobbyists bribers rather than only supporting and passing laws that only benefit, WE THE PEOPLE, we need to get away from this concept that corporations are people. I hope you people out there will support me in trying to put a stop to this by calling your local senators, or even other states senators, especially these two knucleheads, and tell them, "NO, we do NOT want this bill and will vote against anyone who supports it." Go to www.senate.gov to find the contact info for your senators.

Posted by: MrFlibble at April 28, 2006 02:15 PM

I can’t believe this - they are trying to bring audio technology back to the days when MP3 just came out but only with DRM. What these people don’t understand is that even if you play a stream with DRM technolgy, you can still “rip” the audio by simply recording the line out on your PC - come on!!! The only way anyone is going to stop people from recording audio is silence all together!

Posted by: Digit at April 28, 2006 02:27 PM

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