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August 06, 2007

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Hell's Donut House

I can't believe no one has requested KLOL yet.

Jonny

Regarding SoundExchange:

http://www.wired.com/entertainment/music/commentary/listeningpost/2007/08/listening_post_0806

It's rather funny to me that musicFIRST uses the anti-corporate language to attract people, well, like me. As far as I'm concerned, the corporate media behemoth has gone too far and must be stopped. But wouldn't charging royalties on music put the kibosh on low-power, small-budget stations and further consolidate the airwaves into the hands of those powerful enough to pay the tab?

Brian

Liz or anyone:

Do you know if the June Court of Appeals decision stopping the FCC from fining Fox TV for "fleeting expletives" applies to songs played on the radio with similar language? Or does the "live" nature of the comments at issue in the case make the decision inapplicable to playing records on which one knows there are cuss words? Or ???

Derek in DC

RIAA and NAB are just about across the street from each other in downtown DC. I'm imagining many awkward meetings at local lunchtime eateries.

My favorite call letters are still WJOK which belonged to the all comedy station that was in this area in the mid-80s.

Liz B.

Brian, unfortunately the Court of Appeals decision regarding fleeting expletives does not prevent the FCC from citing other TV or radio stations for the same type of slip (be it in a song or live commentary). The commission might be more wary of citing and fining a station over fleeting expletives in the future for fear of litigation, but the court's decision is merely a precedent and not a hard and fast rule.

The real problem is that under the current definition of indecency, context is everything. Although the court indicated that the FCC's indecency guidelines are unclear, they were not ordered to be re-written. Their decision did not change the law allowing the FCC to enforce their indecency statute, so as long as the FCC feels that a complaint they receive refers to a "patently offensive" broadcast, it's fair game for a fine.

Because there has yet to be a court case addressing the issue of fleeting expletives in recorded music in the wake of the FCC's new hard-line approach with TV, it is difficult to say whether they would be quick to fine a station. Based on previous statements released by each commissioner on the current FCC regarding the Fox cases and nipplegate, I can't imagine any of them having a change of heart regarding fleeting expletives. They might take a break from citing stations over indecent slips (ever investigated their backlog?), but I don't believe that this commission would ever dismiss a complaint against a station that aired a fleeting curse word.

Congress and the majority of those serving on the FCC feel very strongly that the Appeals Court made a bad decision, and they're already writing legislation that undermines the court's opinion. The fight is definitely not over yet.

MistyD

Downloaders, Internet radio... what's next? States?

RIAA To Sue Minnesota
http://www.crystalair.com/content.php?id=91200708004

steve PMX

My main point is not entirely having to do with DRM, CRB or any other aggravating acronym for Old White Guys in Suits Restricting Communications and Culture (OWGSRCC). I feel powerless to their bullshit, yet hopeful that they will never *really* be able to keep down all the internet broadcasters in this country with such attempts at draconian copyright legislation.

The KUNT story just reminded me of the funniest episode of HBO's Curb Your Enthusiasm. Larry David is put in charge of submitting an obituary to the newspaper for his wife's recently deceased aunt. Newspaper comes out, the grieving family are gathered to read the obituary and find that the word "aunt" has somehow been replaced with the word "cunt."

"Devoted wife and beloved CUNT?!?!"

"LARRY!"

God Save HBO.

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