If you're like the people here, you want online radio to succeed and you'll probably have heard of Bill HR 5469 - the Small Webcaster Amendment Act of 2002.

As originally drafted, it was a one-liner whose sole purpose was to block the Librarian of Congress' CRAP (or CARP, as it later came to be known) rates for six months to allow small webcasters to survive while the seriously blemished ruling was challenged.

"I have introduced H.R.5469, a bill to help webcasters remain in business while they are resolving a commercial dispute with record companies" Judiciary Committee chairman Jim Sensenbrenner said at the time.

Heart-warming.

But when HR 5469 eventually re-surfaced, it had gone from one simple paragraph to a staggering 28 pages, or more.

Why?

Hard to believe, but 5469 had been completely re-written. And not by legislators, but by the RIAA following 'negotiations' with 13 commercial webcasters calling themselves the Voice of Webcasters (VOW).

The Boycott-RIAA.com and Webcaster Alliance have called for legislators to finally get the RIAA under control and in their appeal, mentioned specifically that, "Judiciary Committee chairman Jim Sensenbrenner recently enjoyed an $18,000 'fact-finding trip' to Thailand and Taiwan - courtesy of the RIAA".

WA members, "all of whom have already been seriously compromised by Sensenbrenners bait-and-switch tactics last October with HR 5469," are looking for answers, says WA president Ann Gabriel.

Bait-and-Switch?

HR 5469 was so was dubbed after being pulled from bills to be introduced on the Congressional Floor on October 1, 2002, and then formally introduced a week later and passed through the House, "having morphed from its original one paragraph to more than 30 pages of language approved (I am told) only by Congressman Sensenbrenner's office and the RIAA," says Gabriel.

"I have also been told that even the original Congressional co-sponsors on this Bill were not aware of the changes in the language before the Bill was passed."

And, "The thirteen, later eight, webcasters who signed up to the terms of HR.5469 had been under intense pressure from high-ranking Senator James Sensenbrenner, Chairman of the House Judiciary Committee," says a The Register story here, continuing:

"According to those present, Sensenbrenner - anxious for a result and under pressure from the AFL-CIO - threatened to use his own staff to set the terms. In November, Senator Jesse Helms - under pressure from the religious broadcasters - introduced a third, revised version of HR.5469.

"But the Webcaster Alliance now argues that the backroom deal was anticompetitive. At the core of the argument is how streaming media stations should pay performance royalties. All legitimate radio stations pay publishing royalties to the songwriter, which are collected by BMI and ASAP. Under the DMCA, the RIAA is entitled to collect performance royalties too, which, unusually, terrestrial stations in the United States are not."

It adds that the RIAA argued a streamed broadcast, "equated to a performance because of the sound quality and ease of reproduction; even though most streams are well below the quality of CDs and stream ripping software is itself illegal under the DMCA."

The CARP 13 were hauled before Sensenbrenner and ordered over a long
exhausting weekend to come out of that hotel room with an agreement.
They were represented by one pro bono lawyer (David Oxenford) who was
heard to remark, 'Let the musicians make their own case; I don't see any
of them here."

Since Time Immemorial, splinter exemption groups have petitioned for redress. This case is same old monkey business, and the rest of us excluded from policy debate.

The RIAA with its huge legal funding, overwhelmed the CARP 13; never in
a million years did the RIAA think they'd walk out of that room with
such astounding results

Which were to palm off a $24 million legal fee (going back to 1995), and
further to transplant their corrupt system of midnight accounting
methods upon a transparent digital royalty system administered by the
RIAA itself. The musicians immediately saw this for what it was, that
the recouping had now been taken upon the backs of the composers.

This enraged Congressman Boucher. His original legislation had been
distorted, especially insulting was the legal fee issue.

Boucher decided he was taking his efforts out of the corrupt Judicary Committee and to Commerce. He initiated the search
for a "Technology Judge" to oversee complex computer technology and Copyright Issues.

This would essentially get the Copyright Office out of deep waters in
which it never sought to participate. Boucher said, in these words, "The
Copyright Office did not comply with my request 10 years ago to get
compuerized; they are TOO OLD; and they are in the pocket of the
industry."

There is simply no reason for any songwriter to sign agreements with SoundExchange.

There will never be another meeting of CARP. The fact remains that the DMCA in its entirety is unworkable.

These issues are in various court jurisdictions, with mixed results; but such is the way impossible prohibition-style caselaws are thrown out.

Reading threads like this make me wish I had more time to really read into the machinations of bureaucracy.

Keep on pushin'..that is what we said back in the day..and that day is still here. Thanks for the info, john. Good heads up.

WOW, thanks for getting white hot center of things, and passing it on. Have you thought about making an appointment with a news reporter and discussing all of this over lunch with them? Maybe teaming up with some artist in your area? I bet your local music "rag" would clear the table to sit down with you.

Senator James Sensenbrenner then eariler this year took a trip to Taiwan and Thailand to discuss copyright with representatives of those governments.

He took an aide and his wife. The bill? $18,000. Paid for by none other than the RIAA.

ELECTED by a majority of the electorate of “his” district…

to represent the BEST interests of ALL the constituents of the district…

in the face of a Federal Government whose budget is measured in TRILLIONS of dollars ($2,000,000,000,000.00+),

honored and elevated to a position on the Judiciary Committee to serve to defend and protect the NATION’s best interests

(ALL 350,000,000+ of the PEOPLE’s best interests),

and further elevated to position of Chairman…

AND THEN…

to debase, demean and CHEAPEN the office, the honor, and the responsibility…

to defecate on the PRINCIPLES on which this Great Nation was founded (of the people, FOR the PEOPLE)…

by what appears to be the personal acceptance of a paltry, an insignifigant, a measly $18,000.00 bribe (in a clear CONFLICT of the PEOPLE’s BEST INTRESTS)…

is so far beneath contempt… as to be beneath pity.

It would do us all well to remember that separation of Church and State…

DOES NOT exempt anyone from SHAME.

Sad. Always looking at one side of the story, aren't you? If only you took the time to take a look at Sensenbrenner's other legislation in its entirety, you might not be making such absurd accusations. I suggest you sign up for the House weekly email update that lists current legislation and sponsors of that legislation (called the Whipping Post).

Look...I don't like what the RIAA is doing, but it seems that what started as a legitimate complaint against RIAA abuses has now become twisted into punk anarchists' war against anything corporate.

?
?
?

AND THEN…

to debase, demean and CHEAPEN the office, the honor, and the responsibility…

to defecate on the PRINCIPLES on which this Great Nation was founded (of the people, FOR the PEOPLE)…

by what appears to be the personal acceptance of a paltry, an insignifigant, a measly $18,000.00 bribe (in a clear CONFLICT of the PEOPLE’s BEST INTRESTS)…

is so far beneath contempt… as to be beneath pity.

It would do us all well to remember that separation of Church and State…

DOES NOT exempt anyone from SHAME.

!
!
!

ha ha...
yeah, don't pick on Jaime Sphincterbringer...hahahahahaha

As Bugs would say.."What a Maroooon!"
No fan of Sphincterwringer here!

RIAA=RACISTS INBREDS AGAINST AMERICA
RIAA=REVOLTING INGRATES ABLATE AUTONOMY
RIAA=RUSTY INKSOAKED ARSEHOLES ASSOCIATION

The RIAA are committing online terror, plain and simple. If KaZaa and the rest declare their services off limits to the RIAA and the copyright bots,
they can invoke USC TITLE 18,Part 1, Chapter 121, Sec. 2701, since the RIAA would be accessing the network of users without permission and this is a violation, to access stored electonic communications without authorization.
There is the assumption in law that only people with "clean hands" should sue. Violation of federal law by them and their minions would dirty their hands!
BOYCOTT THE BASTARDS! BAN THE BASTARDS!