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Why Internet Radio is in the Emergency Room
by djlosch
If you've been reading up on your news aggregator, you've noticed that internet radio costs skyrocketed. What you may have wondered is why? I've thrown together a few theories as towards why. Essentially, it all comes down to various corporations lobbying politicians with hidden motives to stomping out fair use, anti-piracy, and anti-competition.

..:: Theory 1: Stomp Out Fair Use in Streaming

Streaming technologies are nothing new, especially to the consumer. The idea is that you can use streaming to get your media out of your home and onto your laptop or other portable device. It's incredibly easy to set up gnump3d on a ubuntu box (1 line: sudo apt-get install gnump3d), and it's fairly easy to set up icecast. There's even Slingbox, a commercial drop-in device that has many streaming technologies embedded. iTV/Tunes and xbox360/vista media center will allow streaming also.

It's clear from the CRB's decision [ pdf ] that the regulation will only apply to digital public performances. However, all of the technologies listed above can be used with minimal modifications to stream to the public, and most of them will stream to the public straight out of the box. Essentially, another method of using your own media under the guise of fair use will have been made illegal under contributory infringment.

With the new internet radio law, streaming audio from your own home to your own laptop would require one of these new internet radio licenses (at $500 to start).
For noncommercial webcasters, the fee will be $500 per channel, for up to 159,140 Aggregate Tuning Hours (one listener listening for an hour) per month. Noncommercial webcasters who exceed that level pay at the commercial rate for all listening in excess of that limit.
Buying Slingbox or setting up icecast without paying the fee would be like using kazaa. The labels will argue that these technologies are designed specifically to circumvent the law, even though the law was made after these technologies.

At first, it would seem that this would only be applied to RIAA copyrighted content. However, RIAA content making up a substantial amount of the content out there was enough reason to shut down napster1, and this was also reason enough for the developers of kazaa, grokster, and many other p2p applications to be sued into oblivion for contributory copyright infringement. This was entirely despite the legal uses of this software. Programs implementing the bittorrent protocol seem to not have been sued to pieces because they simply don't advertise much, and very few have ads to bring in revenue.

I've already argued that DRM is not about piracy, and that the recording industry is merely trying to destroy fair use and then sell it right back to you. This is just another attempt.

..:: Theory 2: Anti-Piracy

I've already outlined how easy it is save mp3s from internet radio. StreamRipper will even split the mp3s to different songs for you. Leave StreamRipper on for a week on a Top 40 station and you will have every current hit song in mp3 format and more. Just delete the ones you don't like. And, for now, this isn't even illegal. Even if it was, there's absolutely nothing the RIAA can do to detect this. Since the ripping happens solely and completely on your own computer, no one can tell whether you're ripping or just listening. The only way for the RIAA to stop this is to kill internet radio. Replacing it with something more secure would take an entire reworking of the streaming model that would require inherent DRM in the operating system, just like Vista.

I'm not saying this is legal, but no court has said it's illegal. The lack of a court decision in intellectual property litigation is the difference between "so sue me" and "let's talk". Further, enforcing the law in respect to this is completely impossible. Everything happens completely after the user has received the information. However, lack of foresight and the ability for the old industry to adapt is no reason to completely decimate a rising industry.

Additionally, StreamRipping is to internet radio as Tivo is to television. Both take an incoming content format and split it up into discrete blocks based on publicly available scheduling information. Both allow the user to repeatedly consume discrete programs an unlimited number of times at no cost, for eternity. StreamRipping is merely Tivo for radio, and Tivo has already been declared a legal use of timeshifting technologies.

..:: Theory 3: Anti-Competition

Everyone can see that if you're listening to some internet radio station (shameless plug for m1live and generation trance), you aren't necessarily listening to RIAA music. It's a simple concept: more stations = more competition. Internet radio is substantially better than broadcast radio for many reasons. In comparing the two, check the limitations on broadcast radio:
  • Most consumer FM radios go from 88.0 to 108.0 kHz. Assuming the receiver is good enough to differentiate on the tens place, that's a limitation of 200 stations at best (most areas only license the odd numbers, which is only 99 stations).
  • You'll also need a broadcasting antenna, at least some 20+ feet tall that you can erect in your area. Many apartment complexes and condos forbid directv satellite dishes while homeowners' associations prohibit basketball poles. Putting up an antenna seems incredibly unlikely.
  • When the electric bill arrives, prepare for some pain. I can't even imagine what a broadcast antenna costs to keep powered.
In other words, the barrier to entry in the FM radio industry is incredibly high, and you'll always be limited by geography. Without some syndication technology (rebroadcasting a signal using another antenna installation elsewhere), your signal is typically limited to your own city or county.

On the flipside, I can set up an internet radio station. So can you. In fact, all you need is bandwidth. Check out amazon s3, which is protocol agnostic, has no setup fees, no tiered payment system, and no minimal usage. S3 will broadcast at $0.20/gb. The standard unit time in radio is the quarter hour, and the standard bitrate in internet radio transmissions is 128kbps MP3 encoding. Using a little dimensional analysis, we're going to figure out the cost in USD per quarter hour with S3. First, we get the amount of gb sent per quarter hour for one listener:
  128kb       60s         1mb        1gb
--------- x --------- x -------- x -------- x 15 min = 0.109863281 gb in a quarter hour
    1s        1min       1024kb     1024mb
For Amazon's S3 hosting, the rate is $0.20/gb, so multiplying this times the result above, we get the cost per quarter hour:
 0.109863281gb      $0.20      0.021972656 $
---------------- x -------- = ---------------
  quarter hr         1gb        quarter hr
That's a little over 2 cents per quarter hour per listener for broadcast time, but you only pay exactly for what you use. Let's check out a different bandwidth provider that has tiered hosting. For example, dreamhost will give you 1.71 TB in a month for $8. Now, check the cost per quarter hour with this plan:
  $8         1tb       0.109863281gb     0.000501934 $
-------- x -------- x --------------- = ---------------
 1.71tb     1024gb      quarter hr        quarter hr
That's ridiculously low. If you were setting up an internet radio station, you'd probably want to go with colocation, but this gives you an idea of how little the bandwidth costs.

Further, if we limit domain names to merely 32 characters (although technologically, they can be much longer), with the characters in the space of alphanumeric and the dash (totalling 37 different characters), that's 37^32 different possible radio stations. That's just for .coms. When you account for .com, .net, .fm, and .org, you multiply that by 4 and have some ungodly astronomical number of possible stations.

It is a basic rule of any industry that competition is bad for profits. Because the barrier to entry in internet radio is so unbelievably low, those involved in the industry (RIAA, ClearChannel, ASCAP, Sirius/XM) have every interest in killing it before it gets off the ground. Even nastier is the prospect that as WiMax rolls out, and as cities go wireless, handhelds with wireless technologies enabling internet access will provide even better offerings than satellite radio.

Regardless of the medium, radio is free to the consumer, and paid for by advertising dollars. With FM radio, everything is a projection that can easily be clouded by marketingspeak. However, internet radio can be measured exactly by companies like ando media. With the numbers available, advertisers will want much lower rates, because the radio companies won't be able to inflate estimates of listeners using marketing-speak. The same exact thing has already happened to the consumer publishing industries. Magazines and newspapers are a dying breed, and internet advertisers typically only pay for click-throughs. Internet radio will grossly lower the advertising costs, so radio broadcasters want to keep internet radio off the mainstream radar.

Additionally, the RIAA pays ClearChannel and other radio channels money to play their music. You'd think it was the other way around, but with the syndication and oligopoly in radio (between ClearChannel, Viacom, and a few others), the record labels found out that if they didn't pay to get their music played, they wouldn't sell a single album. The idea behind killing internet radio now is that it won't be another medium that the industry has to dump money into in order to monopolize playtime. As stated above, there can only be 99 stations in an area, and these are split between genres. It is conceivable that a label or group of labels can buy out ALL of the airtime on entire cities' playlists (that's why you hear top 40 all day every day on most stations). However, on internet radio, this is just impossible with the astronomical number of available radio stations.

..:: Conclusion

The entire music industry is broken, and everyone involved is trying to guarantee profits. This law is just another attempt at profit protection with the cost paid by the consumer. This is even more reason to stop listening to RIAA music altogether. If the music you listen to is produced by them, you're only feeding the system.

Post Last Updated: Mar 5, 2007 8:36 pm
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Comments
Ryan Stille wrote on Tuesday, 6 March '07 - 7:51:50 PM -0500 [reply]
You should end the article with a call to action - who should we contact to express our disdain?

harvinator24 wrote on Tuesday, 6 March '07 - 8:06:34 PM -0500 [reply]
nhbradio.com number one for adult internet comedy

DjBroken wrote on Tuesday, 6 March '07 - 8:06:45 PM -0500 [reply]
Hey, nice article. I completely hate the RIAA. Evil blood letting bastards. Want free music? www.purevolume.com/djbroken
Just read my bio and you'll understand.

Jason L wrote on Tuesday, 6 March '07 - 8:11:23 PM -0500 [reply]
This was a great article. I'm scared now, I don't want to lose the greatness that is internet radio. Hopefully these new costs will not grow anymore.

syd nohcud wrote on Tuesday, 6 March '07 - 9:01:59 PM -0500 [reply]
The recording industry is the biggest bunch of crybabies and bullies you will ever meet ( or not meet).
Instead of embracing technology they are trying to shut it down.
Most people have no trouble supporting artists.
It is the record companies they have trouble with.
Technology could more than revolutinize the industry. Look at banks and their charges 24 hours a day.
The fat cats know that technology will make them irrelevant. They will go down kicking and screamin to keep their perks and so called privledges. In the end they will not be able to stop it. But a lot of damage to people will be done along the way.
www.tratfor.com

Damian wrote on Tuesday, 6 March '07 - 9:13:54 PM -0500 [reply]
Don't those broadcast fees for Internet radio stations only apply if they're licensing content from the RIAA? I don't think stations have to pay any additional fees if they're broadcasting their own (or freely available) content.

djlosch wrote on Tuesday, 6 March '07 - 9:35:49 PM -0500 [reply]
When has that ever stopped the RIAA? They've gone after launch, mp3.com, napster, kazaa and more, despite fully legal uses. The content industry in general has gone after slingbox, tivo, VCRs, tape recorders, and pretty much every technology that involves time or space shifting content, regardless of what content is actually used on it.

cho wrote on Tuesday, 6 March '07 - 10:25:02 PM -0500 [reply]
Does this law only affect people who broadcast copyrighted material or anything in general? Because if it's anything in general I say they're declaring war against open culture.

audiodude wrote on Tuesday, 6 March '07 - 10:34:43 PM -0500 [reply]
I'm pretty sure that when they say non-commercial, they mean sites that are broadcasting internet radio to the public for free. Personal (fair) use shouldn't be impacted.

masa wrote on Tuesday, 6 March '07 - 11:33:20 PM -0500 [reply]
You also failed to mention in this article, that it's not just RIAA music that's being targeted. It's ALL music. SoundExchange (RIAA) was designated by the DMCA to be the sole provider of collecting performances for ANY streaming media, RIAA licensed or not.

djlosch wrote on Wednesday, 7 March '07 - 7:46:47 AM -0500 [reply]
my point in the first theory is that it has absolutely nothing to do with what music you play. it's about the industry shutting down streaming technology by making licensing fees exorbitant, even for you streaming to only yourself. you can use napster, kazaa, and bittorrent for totally legal reasons, but the content industry has essentially made napster1 and kazaa illegal to produce.

MSBob wrote on Tuesday, 6 March '07 - 9:28:45 PM -0500 [reply]
So what, we can't do anything it moaning and groaning. We bitch about the price of gas but what has that gotten us? Nothing. We just have to face it. This is capitalism at it's greatest. Exploitation of the people, modern day slavery, yatta yatta. Who cares anymore.

CosmicV wrote on Wednesday, 7 March '07 - 9:31:20 AM -0500 [reply]
MSBob, your an idiot. This is obviously a ploy to use law to overcome market forces. Go back to your Che protest there Capt Marx.

Andy wrote on Tuesday, 6 March '07 - 10:17:38 PM -0500 [reply]
Great article. Thanks. Does this effect only US? I love listening to Canada's Icebergradio.com. I hope all internet radio can survive. The music industry is hanging on to a small branch while up to their neck in quick sand and sinking fast.

cho wrote on Tuesday, 6 March '07 - 10:27:18 PM -0500 [reply]
They're effectively calling the internet their own. The internet DOESN'T belong to the RIAA! THE INTERNET BELONGS TO THE PEOPLE!

1950's Man wrote on Wednesday, 7 March '07 - 2:09:41 AM -0500 [reply]
Where do racial stereotypes come from?

Who runs the RIAA again?


Roland wrote on Wednesday, 7 March '07 - 3:22:49 AM -0500 [reply]
I though you would like to know there is a petition going "Save Internet Radios" http://www.petitiononline.com/SIR2007r/petition.html
Thanks

djlosch wrote on Wednesday, 7 March '07 - 7:55:37 AM -0500 [reply]
not that online petitions have ever started the ball rolling, but i linked you anyways

Howard Stern wrote on Wednesday, 7 March '07 - 4:46:24 AM -0500 [reply]
Hear me, Feel me, Touch me, The Who and many other great artists on Sirius...streaming on the internet 24/7

Laslo wrote on Wednesday, 7 March '07 - 7:08:13 AM -0500 [reply]
Great article. Your definately right about the music/radio industry. They really need to find a new profit plan. I think the big problem here is that the labels are so far behind technology that they keep having to fight it instead of using it.

MusicalJustice wrote on Wednesday, 7 March '07 - 11:02:41 AM -0500 [reply]
People need to be concerned because this isn't just an internet radio issue. This is about free speech and letting the little guy have a voice. They tried to do the same thing to political bloggers via campaign contribution laws. It's all about control. It's not just about radio on the internet either. Once the RIAA has established outlandish rates for internet radio music royalties, you can expect them to try to leverage that to perform the same shakedown on satellite radio (and maybe even terrestrial radio). They're definitely trying to use the legal system to extend outdated business models... and yes, I'm an internet radio broadcaster too @ http://www.musicaljustice.com. I play a ton of indie (non-RIAA) bands, but I expect that they will still collect royalties on every song I play. Not every band on an indie label is non-RIAA. They can still sign up on the website to collect their royalties due. I expect that the RIAA will actually use the money they collect for artists that aren't signed up as an inducement to get them to sign up.

Garrett Kelly wrote on Wednesday, 7 March '07 - 1:42:42 PM -0500 [reply]
At our station, http://www.hollowearthradio.com we've tried to go the legal route and pay our royalties even though 95% of the music we play is as indie as indie gets (shoebox basement recordings, found sounds, non label local bands, etc.). Paying the royalities is a bitch, but it allows us to play stuff from Bop Street Records in Seattle - old Christian, new age, weird comedy albums, random weird things we find - without having to worry much. Though if it turned out that things were looking particularly grim we'd probably just keep on trucking along where we were, stop throwing our money away on royalties that don't go to hardly any of the artists we play, and not worry about it much.

Clyde from Deviantradio.com wrote on Wednesday, 7 March '07 - 2:15:29 PM -0500 [reply]
First of all, there is some good info over @ http://www.savenetradio.org

2nd, one thing you touched on, "...those involved in the industry (RIAA, ClearChannel, ASCAP, Sirius/XM) have every interest in killing it..."
ClearChannel also owns XM (which is about to buyout Sirius), and Almost (if not all) of ClearChannel's stations, also broadcast over the internet. However, their "fees" are based on their terrestial stations, therefore they are essentially exempt from this @ss r@ping, but at the sametime, are already selling way more advertising on their streams than most internet-only stations. This is nothing short of a monopoly pushing all of us harder under their thumb.

hux wrote on Wednesday, 7 March '07 - 3:51:35 PM -0500 [reply]
djlosch: I completely agree with you that the RIAA is trying to shut down internet radio and has successfully lobbied Congress in order to effectively get that done. However, some of the assertions you make in your article are not accurate:
- Streaming your own music across the net to a device you own would almost certainly not be considered Fair Use, given the decision in UMG v. MP3.com.
- Streaming copyrighted works to a mass audience over the Internet would definitely not be considered Fair Use.
- You appear to be conflating the two points above in your article, implying that if personal streaming is Fair Use then Internet radio should also be Fair Use. This doesn't make sense.
- Using technology like StreamRipper to record streamed, copyrighted music is most definitely not legal, even if, as you note, it's effectively impossible for anyone to be sued for it.
The main reason why Internet radio is in a bad situation is because the RIAA successfully lobbied for statutory changes that specifically remove the ability of internet radio stations to operate under the same kind of compulsory licensing scheme (AKA "statutory license") that regular stations use. The result is this ridiculous situation whereby the industry has effectively legislated the internet radio business out of business as a competitor to its products and services.
Other than that, I couldn't agree with you more that avoiding all RIAA member label music would be a very good idea for all consumers in the long run.

djlosch wrote on Wednesday, 7 March '07 - 4:47:23 PM -0500 [reply]
I guess may have been unclear, so I have clarified above and here.

1) Streaming, as per UMG v MP3.com is not per se illegal. "Under either the "Beam-It" service or the "Instant Listening" service, users of My.MP3.com did not, in fact, store their own CDs or the sounds transmitted from their own CDs with My.MP3.com." 2000 U.S. Dist. LEXIS 13293 at 11. Unlike home-grown streaming technologies and drop-ins like slingbox, iTV, or xbox/vista media center, MP3.com actually copied user's music and acted as a middle man. This middle man approach is not fair use. However, when a user streams content to himself that he has legal right to, and inadvertently using non-specific parties in between, that's easily fair use. Arguing otherwise is like saying creative or intel are liable for infringement because they are a middle man party processing the music and they allow you to hear the infringing music.

2) I totally agree that streaming another's copyrighted works sans permission is obviously illegal regardless of whether it's commercial or not.

3) I'm not trying to confuse these two issues. I'm claiming that streaming to yourself is fair use, but streaming to the public is not. However, the point is that all of the streaming solutions can be used to stream to public audiences, and most do it out of the box, all with complete disregard of copyright law. The result is contributory infringement by the respective technology makers under Grokster.

4) I definitely agree that recording streamed copyrighted music is illegal. However, the legal issues behind the legality are completely unenforceable. That doesn't mean an entire industry should be destroyed.

elbillo wrote on Wednesday, 7 March '07 - 4:35:32 PM -0500 [reply]
can't we just listen to a non-US station ? I say let the RIAA kill itself. open-source/creative-commons seems to be the "next big thing" for the media consumers who care to find their own content instead of lapping-up the pre-chewed gruel the largest media conglomerates are shoving at them/us. vote with your feet ! vote early, vote often !

djlosch wrote on Wednesday, 7 March '07 - 5:11:48 PM -0500 [reply]
There's two distinctions to be aware of here:

1) Open content stations: this includes creative commons or otherwise free music. There are very few stations that do this (many mix open with closed content). Even if these stations switch over to all open content, they'd still be threatened by this iron fist of expensive legal action, even if it had no merit.

2) Foreign stations: these may or may not be playing free music. However, if they can be heard in the US, they're going to be subject to the US copyright laws without a doubt. In fact, some european internet radio stations have already blocked entire US ISPs for this exact reason.

drwhoan wrote on Thursday, 8 March '07 - 2:37:15 PM -0500 [reply]
same thing just happened to other internet sites like doyle,s poker.com check it out no US national can bet on those sites while the rest of the world can if we dont act fast same thing will happen to internet radio

moe wrote on Wednesday, 21 March '07 - 8:09:31 PM -0400 [reply]
You're getting your bits and bytes mixed. 128kbps is a bitrate measured in BITS (lowercase b) whereas storage, including Amazon's S3, are measure in bytes (uppercase B). So your S3 numbers should actually be $.02/8 = $.0025 per quarter hour, or about 1 cent per hour, a quarter a day, or $7.50 per month. (just bandwidth cost for one stream.)

Haven wrote on Tuesday, 17 April '07 - 1:50:23 PM -0400 [reply]
I've been running an internet radio station since 2001 when we had to deal with the CARP legislation to try and shut us down then. The first rate they want to increase to is the same rate that was considered too costly and would be damaging to the industry less then 5 years ago.
We can't shift into FM radio. Not only is the equipment cost prohibitive but the license fees to the FCC are unworkable. So only the big players can enter the game.
Now there is less competition for them to deal with.

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