[cc-community] CC / Webcasting, round II
Mike Linksvayer
ml at creativecommons.org
Mon Jul 23 14:01:53 EDT 2007
On Sat, 2007-07-21 at 19:57 -0700, Eric Garner wrote:
> If SoundExchange demands DRM on all webcasts in
> exchange for lower royalty fees (as seems to be the
> current direction of things), this would essentially
> illegalize the streaming of any CC'd music, right? If
> so, I wonder if this was a sly move on SE's part or if
> it's just an unintended, anticompetitive benefit. DiMA
> and SE are hashing it out right now, but I haven't
> seen the effect on CC even brought up. Seems it would
> add some more weight to DiMA's anti-DRM argument.
I suspect (but I totally unqualified to do so, take with a massive grain
of salt, and not representing CC) that playing a track under a
compulsory license that requires DRM would not mess with CC -- the CC
licenses are non-exclusive, so the track would simply be played under
the compulsory license, not the CC license.
That said, a DRM stream would make it impossible for a webcaster to play
some tracks under the CC license (eg if the webcaster is noncommercial
or the tracks allow commercial use) and therefore not pay SE for those
tracks -- the webcaster would have to pay SE for everything, or play
only CC licensed tracks on a non-DRM stream. In that sense perhaps your
characterization of "anticompetitive" is correct.
Regardless of CC impact, requiring DRM is just another way to kill net
radio.
--
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