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History and Senator Stevens' iPod
Electronic Frontier Foundation ^ | January 25, 2006

Posted on 01/29/2006 12:16:16 AM PST by jb6

Yesterday's Senate Commerce Committee hearing on the Broadcast Flag--and its younger, brattier, brother, the RIAA's proposed "Audio Flag"--swung a little wildly from its pre-ordained course.

It began with committee chairman Senator Stevens and Senator Inouye, his Democrat counterpart, declaring, as with all good anti-piracy measures, that Something Had To Be Done, and that Congress should pass the flag as soon as possible.

The agenda seemed set. In the face of it, those who objected to the Broadcast Flag--technologists, librarians, and civil libertarians--were forced to spend much of their Congressional time requesting narrow exceptions that might lessen its damage.

Then two things happened...

The first was the appearance of Senator John Sununu, the Republican Junior Senator for New Hampshire. Sununu, an MIT grad, interrupted to ask the question so far unconsidered by his colleagues: Do we need this mandate at all?

He pointed out that "we have a whole history of similar technological innovation that has shown us that the market can respond with its own protection to the needs of the artists." And he concluded with one of the most damning depictions of the ahistorical nature of the flag (clip from Congressional RealVideo) you'll hear on the Hill:

"The suggestion is that if we don't do this, it will stifle creativity. Well...we have now an unprecedented wave of creativity and product and content development...new business models, and new methodologies for distributing this content. The history of government mandates is that it always restricts innovation...why would we think that this one special time, we're going to impose a statutory government mandate on technology, and it will actually encourage innovation?" The second revelation, dropped into the later discussion of the RIAA's audio flag, was that Senator Stevens' daughter bought him an iPod.

This is unhappy news for the RIAA. Once again, their representative was forced to burst into praises of MP3 players (a technology his organization attempted to sue out of existence in 1998).

And when Stevens asked whether with the audio flag in place he would be able to record from the radio and put the shows onto his iPod: that's when the RIAA's Mitch Bainwol really began to sweat.

With that simple question, the octogenarian Senator encapsulated arguments about place-shifting, interoperability, and fair use that would have taken whole federal dockets to explain a few years ago.

Even more damning was Senator Sununu's follow-up question, in which he asked if, post-flag, the Senator might record three songs from the radio today, and listen to only one of them again tomorrow. Of course, under the RIAA's proposed controls, you may not: this is "disaggregation" in their language. This flag, which was sold to Congress to impede piracy, appeared to be designed primarily to control and inconvenience law-abiding, ripping, mixing, modern-day Senators.

The committee ended with Stevens noting that the committee had a lot of work, and while this was a very important issue, bills could get stuck after the objections of just one committee member if there were holes.

As the hearing showed, the holes in these flags are large, and its complex consequences are dawning on both houses.

And God help the broadcast flag-makers if someone buys Senator Stevens a video iPod.


TOPICS: Business/Economy; Miscellaneous
KEYWORDS: 109th; crime; freedom; ipod; it; libertarians; media; music; riaa; senate; technology
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1 posted on 01/29/2006 12:16:18 AM PST by jb6
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To: martin_fierro

iPod ping


2 posted on 01/29/2006 12:17:22 AM PST by Keith in Iowa (suffering from tagline fatigue...)
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To: ambrose; Cagey; CFC__VRWC; cyborg; DaveMSmith; Dont Mention the War; flyingspacemonkey; Glenn; ...
iPod
Send FReepmail if you want on/off iPing list
WARNING: This is a high-volume Ping list. Turn your headphones down
The List of Ping Lists

3 posted on 01/29/2006 12:19:40 AM PST by martin_fierro (Hines Ward is my son! OK, not really, but it'd be nice.)
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
4 posted on 01/29/2006 12:23:38 AM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: jb6

Good one!!!


5 posted on 01/29/2006 12:25:12 AM PST by tubebender (Always remember that you're unique. Just like everyone else...)
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To: jb6
I saw that hearing on CSPAN.

Sununu was fantastic!

It is rare these days when I want to give a Republican politician a standing ovation but Sununu really gets it.

Keep the stupid government regulators out of our face.

The American flag is the only flag needed, thank you.
6 posted on 01/29/2006 12:27:24 AM PST by cgbg (MSM and Democratic treason--fifty years and counting...)
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To: jb6
The greatest danger has passed I believe (hope).

When a new technology emerges, is easy to make it sound dangerous and destructive. Now however, MP3 players have become the de facto standard in portable music. They are so common , that even some of the more decrepit members of the legislative body know what it is and what it does. The RIAA will not find it so easy to mask it under an aura shadowy danger.
7 posted on 01/29/2006 12:54:40 AM PST by ndt
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To: jb6
With that simple question, the octogenarian Senator encapsulated arguments about place-shifting, interoperability, and fair use that would have taken whole federal dockets to explain a few years ago.

As much bad press as he gets, this is a typical Stevens setup. I'd wager the whole thing was planned, and the "we gotta pass this" attitude was for show, but he knew all along there would be objections, and he had no intention of voting for it.

The fact that an 80 year old knows what an Ipod is good for is telling of his savy. And being from alaska he's seen enough corporate rape jobs to know what the record industry is after.

I'm hopeing this goes no where. They are OUR airwaves, and if you don't want us recording it, then keep your gutter trash music off our air.

8 posted on 01/29/2006 12:55:29 AM PST by adamsjas
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To: jb6

That is great! That really unmasked the greed behind all the hysteria. If some people had their way, all books would disintegrate after being read the first time! If you wanted to read a book a second time, you would have to buy a second copy. If you bought a reference book, you would have to pay a "maintenance fee" every time you used it or the book would disappear!


9 posted on 01/29/2006 1:10:02 AM PST by Wilhelm Tell (True or False? This is not a tag line.)
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To: 1234; 6SJ7; Action-America; af_vet_rr; afnamvet; Alexander Rubin; anonymous_user; ...
Do we really need this law... PING!

If you want on or off the Mac Ping List, Freepmail me.


10 posted on 01/29/2006 1:27:29 AM PST by Swordmaker (Beware of Geeks bearing GIFs.)
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Comment #11 Removed by Moderator

Comment #12 Removed by Moderator

To: martin_fierro; Swordmaker
A little off topic, but I was just searching for Old Time Radio pod casts for my iPod and it just occurred to me to go to the Mac/iPod freeper experts!
Can you give me any ideas where to go?
13 posted on 01/29/2006 7:54:19 AM PST by MaryFromMichigan
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To: MaryFromMichigan
Howzabout:

http://www.podcast.net/ (search for "oldtime")

http://www.ipodder.org/directory/4/podcasts/categories/radio

http://www.podcastalley.com/search.php?searchterm=vintage

14 posted on 01/29/2006 8:02:30 AM PST by martin_fierro (Hines Ward is my son! OK, not really, but it'd be nice.)
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To: martin_fierro

Thank you so much!!!!


15 posted on 01/29/2006 8:05:26 AM PST by MaryFromMichigan
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To: MaryFromMichigan

Plus I have some of my old grad school radio jazz shows from the late 80s available in MP3 format. Vintage enough?

< |:)~


16 posted on 01/29/2006 8:09:32 AM PST by martin_fierro (Hines Ward is my son! OK, not really, but it'd be nice.)
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To: martin_fierro
Plus I have some of my old grad school radio jazz shows from the late 80s available in MP3 format. Vintage enough?

The 80s... as vintage?
Just how old are you? Lol!
17 posted on 01/29/2006 8:14:07 AM PST by MaryFromMichigan
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To: MaryFromMichigan

1880's?


18 posted on 01/29/2006 1:20:44 PM PST by mhx
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To: mhx
1880's jazz?
19 posted on 01/29/2006 1:23:06 PM PST by MaryFromMichigan
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To: jb6
Of course, under the RIAA's proposed controls, you may not: this is "disaggregation" in their language.

Cmon' now they are just making stuff up! That can't be a real word.

20 posted on 01/29/2006 1:28:43 PM PST by operation clinton cleanup
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