What are you guys doing with your extra check from Uncle Sam? I will be spending a frivolous night in The Shagadellic (Room #1) <<<--- at the Roxbury Hotel "nestled amongst the picturesque Catskill Mountains in the historic village of Roxbury". I'm a sucker for a good theme motel.
Here's Ol' Dirty Bastard to tell you all about it.
Money (mp3)
If you don't count this guy (link) - and I certainly don't - that means there is a scant 9 months and 7 days left for our current commander in chief to pick a rock/pop star for an historic photo op. Who Should It Be???
WARNING: These Canadian "Prevent It" Public Service Announcements are not for the squeamish:
Our nation's Emergency Alert System (EAS) was created by the FCC, FEMA, and the National Weather Service to warn the public about imminent danger in the form of important weather announcements, civil emergencies, and Presidential messages. Broadcasters are required to maintain and participate in the EAS system, airing any and all messages the feds fancy us to relay to the listening public.
Here at WFMU, we joke a lot about the EAS. In recent years, the system accidentally called for an evacuation of the entire state of Connecticut, failed to pass on any announcements whatsoever on 9/11, and warned folks along the Delaware River about a flood by requiring broadcasters in the area to announce that "A civil authority has issued a civil emergency." Though we must admit, the EAS warning for Hurricane Katrina was indeed accurate, and carried an appropriate doomsday-esque tone, the system is far from perfect, a fine example of bureaucracy getting in the way of good intentions. Hence, all of those "Unknown Event" or "Marine Sector" warning messages you hear WFMU DJs read over the air from time to time.
Ken warned us about this 2 years ago, but yesterday the feds finally approved a plan to send EAS messages to our nation's cell phones via text messages. And what's even better than getting a government-sanctioned emergency text message? The message will be delivered with its own unique ringtone! Will it be "The Imperial March"? Will it be "Carmina Burana"? How about "The Macarena"?
I don't know about you, but I can't wait for more text message spam! There are 3 types of txts that the gov't can send you:
1. Presidential messages. For example: "Dis bbq s orsum!", "w@ did Putin sA?"
2. Imminent threats. Example: "OMG Tornado, fnd Toto n run 4 covR! :("
3. Amber Alerts. Example: "12 y/o abductd, blk van, NJ pl8s"
Rest assured, you'll be able to opt out of this new EAS wonder... but good god, why deny yourself?!
As a fan of the HBO show Big Love - about an LDS (Church of Jesus Christ of Latter Day Saints) splinter-group member with three wives - I was heartened to see the news this week of the government raid of a polygamist compound in West Texas. Why "heartened", you wonder? Because I have no idea when the show's coming back and the news coming out of the Yearning For Zion compound (Investigators determined that there is a widespread pattern and practice of the ranch in which young, minor female residents are conditioned to expect and accept sexual activity with adult men at the ranch upon being spiritually married to them...) should hold me over until Harry Dean Stanton once again dons the creepy mantle of Roman Grant, patriarch of the fictional Yearning For Zion ranch, Juniper Creek.
Spitzer went to prostitutes, and McGreevey had threesomes with his driver, and Paterson had affairs and did coke, and NOW we find out Bush is into furries. 
From the folks at black20.com
Indecency resurfaces at the FCC
After taking a long break from making any indecency rulings, the FCC fined ABC networks $1.4 million for broadcasting images of an actress' butt in 2003. This is a curious move, considering that the commission's indecency policies been under scrutiny by the courts. Last year, a federal appeals court decided that the FCC's ever-morphing indecency standards were too nebulous, shooting down some of their rulings on fleeting expletives. As a nice little contrast, public TV stations in the Netherlands are planning to air Deep Throat, with a green light from the country's media minister.
Meanwhile, the FCC is making enemies in the cable industry as they plot out a way to force cable providers into offering a la carte programming. On the radio side of things, Prometheus Radio will convene in Washington, D.C. on Feb. 25 and 26, hoping to convince Congress to expand LPFM.
More on the fire at KOOP
Community radio station KOOP in Austin, TX was set on fire last month, and investigators have now tied the blaze to an arsonist DJ. Paul Feinstein poured gasoline over KOOP's equipment and set the station ablaze following an incident in which the music he had selected for the station's web-only programming was changed. (Freeform or burn?) The arson charges certainly bring new meaning to Feinstein's radio program, which was called "Mellow Down Easy."
Danger for CKMS in Waterloo, Ontario
30-year-old college and community station CKMS is in danger of losing funding thanks to a referendum on the student ballot. Some students are feeling alienated from CKMS, which is the oldest campus station in Canada. Voting ends on 2/14, and the station's fate will be assessed.
As usual, the RIAA has been making inflammatory claims again...
Up until I saw this pic, I was feeling bad for Hillary today. First, during a jaunt out to a Jersey City lunch takeout hotspot (we'll call it Feel Awful Falafel) one of the eatery's owners locked inexplicably in on Liz Berg and myself, barking loudly out of nowhere to us, total strangers, how he would never vote for Obama, or "the Dyke". Um, change, please. Then, Matablog and Boing Boing reported that Hil is using none other than Golden Earring's "When the Lady Smiles", a fine campaign ditty if you ignore the fact the video for the song features a nun being raped and the attacker's brains being consumed by a dog thereafter. The pic posted here (from Cult Punk) just makes me wonder if Mrs. C's handlers are just are ill-advised or if something truly nefarious and evil is afoot? Then again, there's also a pic of John Kerry with Anton Lavey and look what happened to him.
Nate Anderson @ ars technica writes:
Not content with the current (and already massive) statutory damages allowed under copyright law, the RIAA is pushing to expand the provision. The issue is compilations, which now are treated as a single work. In the RIAA's perfect world, each copied track would count as a separate act of infringement, meaning that a copying a ten-song CD even one time could end up costing a defendant $1.5 million if done willfully. Sound fair? Proportional? Necessary? Not really, but that doesn't mean it won't become law.
The change to statutory damages is contained in the PRO-IP Act that is currently up for consideration in Congress. We've reported on the bill before, noting that Google's top copyright lawyer (and the man who wrote a seven-volume treatise on the subject of copyright law), William Patry, called the bill the most "outrageously gluttonous IP bill ever introduced in the US."
The industries pushing it (music, especially) have an "unslakable lust for more and more rights, longer terms of protection, draconian criminal provisions, and civil damages that bear no resemblance to the damages suffered," he said.
Pardon me, by "Butts" I meant "Lady Butts."
The FCC recently fined ABC affiliates a total of $1.4 million for airing images of a lady's butt on broadcast TV. This particular 2003 episode of NYPD Blue wasn't the first time a naked butt was broadcast to the American public, but it may have been the first time that a pretty lady's naked butt was shown. You can watch the 42 sec lady butt scene in question, and mull over the inherent sexuality in Charlotte Ross' posterior. Then put your brain on rewind, and drum up some images of NYPD Blue's Dennis Franz, whose naked man butt was broadcast to America nearly 14 years ago without inspiring the FCC to fine anyone. Does his butt not possess a similar sexual potential?
We're dwelling on the sexuality of butts here because the FCC's rationale for last week's belated fine was that the NYPD Blue scene in question depicted "sexual organs," namely the buttocks. Sure, lady butts could be used sexually (we recommend buying us a drink before you breach that subject, cowboy), but in this particular scene, Charlotte Ross' butt was not engaged in any sexual activity. In fact, I would characterize it as a non-sexual butt, since the FCC once made a distinction between sexual and non-sexual uses of the word fuck. Contrary to this, the FCC mysteriously maintains that Charlotte Ross' butt is sexual, despite it not being involved in any sexing. Feds, pray tell: when is a butt merely a butt?
If a non-sexual lady butt is against the rules, but a non-sexual man butt aired nearly a decade earlier is ok, what does it all mean for the cartoon butts of today?
Follow this link for more FCC hijinks.
Photo via
Hello, Everybody—Nice seeing you again.
All the NYTimes-readin’ folks probably missed the story yesterday about how cars are mysteriously dying within a 5-block radius of the Empire State Building. Richard Weir wrote in the Daily News that some10 to 15 cars get stuck every day between 7th and Lex, from about 27th to 40th. If you draw a circle around the area where this is happening, the Empire State Building is right in the middle of it. Some cars’ remote entry systems won’t open the doors, and some cars’ engines won’t start even though everything else is working. The cars get towed 4 or 5 blocks, to outside the affected area, and then the doors open and they start right up and everything works fine.
Weir quotes “automotive experts and engineers” who say it’s likely a problem with radio transmissions from all the broadcast towers on top of the Empire State Building jamming the keyless entry systems that operate on specific wavelengths assigned by the FCC. The FCC says they haven’t had any complaints about car problems around the Empire State Building. The Empire State Building people say they don’t believe there’s any problem, and refused to give Reporter Weir a list of all the broadcast antennas there.
It was January 2003 when Sluggo and I tried driving into Manhattan one night—which was already weird, we never do that--and a cop stopped us from going down 5th Ave. at 42nd Street. The street was closed, he said, because of “ice falling from the Empire State Building.” In fact, all the streets for blocks around were closed. They were blocked off for the next couple of nights, too. I’ve never heard of ice falling off the Empire State Building before or since, and certainly not for several nights in a row, and not so that streets 8 blocks away had to be shut down. We naturally figured it was some Homeland Security thing being installed on the Empire State Building, something that would shoot down planes over Brooklyn or Queens before they could hit Manhattan. And how great is it that it turns out to be not a gun at all, but a giant transmitter that’ll make it impossible to open the airplane doors until they’re towed to, like, New Jersey.
Thanks for reading my blog post this time, and may God bless.
Darren Garnick lives in New Hampshire with a camera and a baby. He’s had some attention lately for his little project in which he attempted to take a picture of his baby with every New Hampshire presidential primary candidate. That’s what he said the project was, anyway. And he proudly announced on Slate
“As of the day before Tuesday’s primary, I’ve photographed Dahlia [the baby] with every candidate except Fred Thompson.”
Except he hadn’t.
He photographed Dahlia with Hillary Clinton, John Edwards, Bill Richardson, Dennis Kucinich, and Barack Obama (twice). He did not even try to take a picture of the baby with Mike Gravel, because he thinks Mike Gravel is “creepy.” Garnick doesn’t say what that means, but maybe he should have said his project was to photograph Dahlia with every non-creepy New Hampshire presidential candidate.
Garnick said he didn’t photograph the baby with Fred Thompson, because Fred Thompson wasn’t in New Hampshire very much. So maybe he should have said his project was to photograph his baby with every non-creepy New Hampshire presidential candidate who spent a considerable amount of time in the state.
The Republican candidates with whom Garnick did photograph his baby were Rudy Giuliani, John McCain, Mitt Romney, and Mike Huckabee—AND Chuck Norris. So perhaps the project would be better described as “Darren Garnick attempts to photograph his baby with every non-creepy New Hampshire presidential candidate who spent a considerable amount of time in the state, and with at least one amusing celebrity sidekick.” But NOWHERE does Darren Garnick even mention Ron Paul. No one ever does. It reminds me of the old B-52’s song that goes, “Why won’t you dance with me? I’m not no limberger!” Garnick didn’t mention John Cox, Duncan Hunter, or Alan Keyes either, but they didn’t beat Giuliani in Iowa.
So in the end the project probably should have been called “Darren Garnick attempts to photograph his baby with every non-creepy New Hampshire presidential candidate who spent a considerable amount of time in the state, and with at least one amusing celebrity sidekick, but not with the Republican candidate who came in fourth in the Iowa caucuses.” But if he called it that, it probably wouldn’t have got so much press coverage.
When I saw the humongous saddle sized John Ford Box set on the floor of the office next door, I was seized by swag envy. "Ford At Fox" (link) is a 12 pound 299 dollar 21 disc box set collecting 24 films by one of the greatest directors of them all: John Ford. This is a very impressive collection - and a few of the old silents are making their DVD debut (from new restored prints too!). I am sure the photo book is beautiful as well. To keep my jealous rage in check I scanned the dark corners of the internets and discovered to my delight that 23 of the films are readily available, as well as some of the films that should be included in any box this size: The Black Watch, Men Without Women. But It is great to see the films Ford made during World War II included in this release (especially since both Ford and Fox Studio Boss Darryl F. Zanuck signed up for service) but wait! If you want these films you need to buy the stand alone version of the documentary Becoming John Ford (link) (in the big box) to get the films The Battle Of Midway, December 7th, and Torpedo Squadron (not in the big box).
BUT what is missing from all of the hoopla is a WWII era training film John Ford made with Otto Brower : Sex Hygiene (link) This is abstinence education 1942 style - Sexual Shock and Awe to remind the troops that screwing only leads to disfigured genitals - even today this film can inspire celibacy. You can watch this formerly classified movie on the Internet Archive (link) without spending a cent, or you can watch it right here and right now:
This week was going to be another one of my movie posts - and that happens after the jump - but then a weird bit of synergy happened.
So, I am going to get a bit political for a moment.
I haven't been able to stop thinking about the upcoming presidential elections. No, not the Democrats. I've pretty much decided that whatever happens there happens. It's the Republican race that is keeping me up nights.
Even though The Crazy Mormon and The Mayor Of 9/11 were indeed thwarted at the Iowa caucus (Giuliani, you got served!), things aren't quite looking brighter. Instead, the Iowans up and picked Mike Huckabee.
How did he suddenly jump to the lead? Well, partly it is because he lets angels make his decisions for him, and it seems that the whole right-hand side of the fence (or at least in Iowa) has turned politics into an issue of who believes in angels the most.
But what was mostly responsible for pushing Huckabee over the top is so simple it's scary: he is Chuck Norris approved. Their comedic campaign ad proved to be a powerful tool (and a rare example of using good-natured irony in politics), and Norris was such an integral part of the campaign that he joined Huckabee on most of his public and television appearances. Heck, Norris even stood right behind Huckabee during the acceptance speech, quietly grinning as if he had single-handedly orchestrated the whole thing. As the ad says, "Chuck Norris doesn't endorse, he tells America how it's gonna be."
My analysis may sound glib and all, but think about this: Huckabee couldn't ride the religious pony quite as hard in New Hampshire. And that's where having Walker, Texas Ranger on his side may really come in handy as the campaign intensifies. There are an awful lot of hard-core Walker fans out there. Remember, this is a show that quietly sat in prime time without any fan fare for over eight years, never falling below nine million viewers. Over that time everyone from to Lee Majors to RuPaul to Sting appeared as a guest star, and in the end the show wasn't even canceled - Norris had to retire. That all adds up to a huge bubbling underbelly of folks who allowed Chuck Norris to heroically enter their homes once a week, and who will probably vote for anything he supports in a heartbeat (Obviously those fans don't live in New Hampshire - but beware, the south is next).
So, what if Huckabee somehow wins the nomination? He should appoint Chuck Norris as his running mate! Impossible, you say? Well, then, you haven't been to California lately. And doesn't Norris seem to be taking his iconic/ironic image a bit too seriously these days?
So, that's what I've been thinking about the past few days. Chilling. And it all works as a good lead in to my look at the movie The Delta Force.
Hello, Everybody—Nice Seeing You Again.
The Federal Communications Commission recently announced a new ruling that will allow cross-ownership of both a newspaper and a radio station in the same top-20 market, because obviously there are no more conflicts of interest now that there’s no more free speech. This is good news for us, because now WFMU can buy the New York Times (aka the Big Grey Pack o’ Lies) and fix it. As far as I know, the Times is the only newspaper ever to inspire an almost-monthly magazine (“Lies of Our Times”) just to correct its blatant 
inaccuracies and distortions, although that was before the Times decided to run their own 2-page mea culpas for everything they print. (My favorite correction was the one where they apologized for misidentifying Mickey Mouse
as Minnie Mouse
.) I figure we’ll put DJ Kenny G in charge of plagiarism, and Program Director Brian will edit the Style section (I’ve read some of his fashion reports and they are really scary), and DJ Mr. Billy Jam can write the Home and Gardening stuff because I think he must know a lot about hydroponics and growing things indoors under lights. Station 
Manager Ken can be in charge of the Sports section and write all about water skiing, and we’ll start a new section called “Chimps of the Times” that DJ Dave the Spazz will edit. I’ll handle Obituaries and the Book Review, of course, and soon everybody will be reading “Ulrich Haarburste’s Novel of Roy Orbison in Clingfilm.” This is going to be a really, really good thing, and the only way it could be better would be if we pay for it with Ron Paul dollars
—the second-most popular currency in the United States!
Thanks for reading my blog post this time, and may God Bless.
FCC Happenings
Lots of activity at the FCC this month: the commission voted to expand LPFM, providing new opportunities for community radio groups in the U.S., on top of the NCE spectrum that opened up in October. Read more about LPFM here. On the other side of the coin, however, Commission Chairman Kevin Martin caught heat for attempting to push for a vote on his new plan for increased media consolidation and expanding regulation of cable TV.
Internet Radio Royalties Still Unresolved
An appeals court in Washington, D.C. recently announced a timetable for internet radio groups to appeal the controversial webcasting rates set by the Copyright Royalty Board and SoundExchange earlier this year. Court proceedings are likely to extend into 2009, giving all parties a few months to breathe until the whole ugly rate negotiation process starts over again in 2010 (when the current rates expire). Some of the largest webcasters (including Yahoo and AOL) may cease their streaming operations because the recent rise in royalties is still too high.
Hating on the RIAA
As Doron pointed out recently, under its new management, EMI may stop paying fees to the RIAA. This could be the smartest PR move by one of the Big 4 labels in quite a while! Meanwhile, the University of Oregon is biting back at the RIAA for illegally gathering information about students. Copyright reform in Canada may impose draconian DMCA-like limitations on digital media.
Other Headlines
- Arbitron's Portable People Meter is causing some heads to roll in the NYC radio market.
- Freeform radio great Jim Hawthorne passed away 11/7/07.
Six scratchy pop-filled 33 1/3 rpm records (to accompany a filmstrip or slides?) from the National Safety Council (in collaboration with the United States Department of Labor on 5 of the discs) from well over 50 years ago.
Open for Infection - Part 1 (8:24)
Open for Infection - Part 2 (7:31)
Image: Open for Infection
Follow The Leader - Part 1 (9:14)
Follow The Leader - Part 2 (9:34)
Image: Follow The Leader
Right Dress - Part 1 (10:23)
Right Dress - Part 2 (10:28)
Image: Right Dress
Principles and Interest - Part 1 (10:03)
Principles and Interest - Part 2 (8:53)
Image: Principles and Interest
Stop, Look and Listen - Part 1 (8:29)
Stop, Look and Listen - Part 2 (7:54)
Image: Stop, Look and Listen
Production with Safety - Part 1 (8:50)
Production with Safety - Part 2 (7:53)
Image: Production with Safety
Picked up the lot at a second hand furniture store in Oakland, California in 2005. The shopkeeper pointed to me a corner of broken down tables and chairs and cabinets that were free and on the way out the door. I took a look figuring I could always use something (or possibly restore something). It was all trash, but... looking inside a small side table cabinet I saw a box in the far back. I pulled it out and dusted it off and looked inside and there they were, these 6 records. No paper sleeves, just the vinyl and layers of dust about them. I asked the store owner how much and (bless her heart) she let me have them for free. So here they are. For two years they have been collecting dust at my home so it's about time they got shared, for everyone's safety.
- Contributed by: Otis Fodder
Ever since the Telecommunications Act of 1996 was passed, the FCC has been required to periodically review the country's broadcast ownership rules. For those who may not know, the 1996 Act was responsible for widespread media consolidation: as ownership regs were loosened, companies like Clear Channel and Infinity Broadcasting were allowed to purchase many more stations across the country (and were also allowed to own more than two stations in a single market). Most recently, the FCC's 2006-07 review of the media ownership landscape has been met with unprecedented outcry; citizens are not happy about the homogenization of their airwaves, and are serving the feds with tons of public testimony and mounds of comments, urging them to steer clear of further ownership deregulation.
Localism, dull/homogeneous programming, and concerns about the lack of station ownership by women and minorities appear to be at the crux the public's beef with broadcast radio and TV. These sentiments were reflected during the FCC's town hall meeting on media consolidation in NYC last year which I attended, and you can read the wrap-up on this post (as well as listen to the whole damned thing).
It would seem as though the teeming masses who are upset with the current state of radio are simply asking for more community-based broadcasters. There is space reserved for community radio on the low end of the dial, but in many areas, religious conglomerates and NPR affiliates outbid local community groups for non-commercial, educational spectrum. So now, even non-commercial frequencies are sounding more and more alike across the U.S. No wonder the people are angry.
How do we solve the larger, interrelated problems of media consolidation and crappy programming? How do we allow more voices to be heard on the non-commercial end of the dial, especially those who don't have the resources to purchase and manage a full-powered FM station? A loaded answer would be LPFM.
You don't need me to point out that if you stay inside your apartment for a week, in this greater metropolitan area, when you emerge you might not recognize your nabe. Depending on the real estate vibe your block has, the sound of tear downs and rebuilds could be your daily, not-so-ambient, soundtrack. Bottomless private pockets eradicate historical landmarks in our towns and cities in the name of economic growth, taking away major memories like Asbury Park and Coney Island along with the incidental but gorgeous drugstore from the 1960's that had continually illuminated your corner with a blinking glow. (This is my I am fed-up with over development
rant, don't worry it's almost over) And unfortunately corporate concerns frequently don't include public day to day activities: food shops, schools, gas stations and neighborhood niceties like home-made mozzarella or brick-oven baked bread.
Downtown Brooklyn has lately been embattled in a private vs. public real estate war, that creates a new use of "public" government as the ruler of all it surveys. Local groups such as Develop Don't Destroy Brooklyn have created a community presence providing information and lobbying power to offer an alternative voice to that of corporate concerns.
Samara Smith responded to this battle, compiling two years of documentary sound recording, interviews, and research to create Anyplace, Brooklyn, an audio walking tour that critically examines this struggle, while providing guided observations on the visually changing downtown landscape. Every Saturday in November, you can get a more personalized lowdown on the eminent domain and re-organizing of city streets around Fulton Mall. Anyplace, Brooklyn asks that you bring a cd player or downloads on an MP3 player. Noon-2pm; free and open to the public.
Good reads that give a glimpse into our greater urban metropolis in long days gone by:
Low Life by Luc Sante
Five Finger Discount by Helene Stapinski
The Waterfront Museum and Showboat Barge, in Red Hook, offers this reading list on Brooklyn.
MP3:
Adlai E. Stevenson Spots (11:02)
Songs Parodies and Jingles (6:01)
Just 365 days till the 2008 Election and for some it just couldn't arrive any sooner. G.W Bush was barely half way through his 2nd term when all talk was about who would replace him. Romney, Hillary, Obama, Giuliani that's all you'll be hearing about for the next year. Lets go back to the classic Eisenhower vs. Stevenson Presidential bout from 1952. Adlai E. Stevenson was the Democratic Nominee but lost the presidential election to Eisenhower 442 to 89. These tracks 'Adlai E. Stevenson Spots' + 'Songs Parodies & Jingles' were issued on two red vinyl 12 inch 78 RPM on Cinemart Filmonic Recording for the Women's Division Democratic National Committee. Remember to Register to Vote in 2008.
- Contributed by: Cousin Creep
Images: Adlai E. Stevenson Spots, Songs Parodies & Jingles, Cinemart Record
LPFM, Media Consolidation, and Satellite Merger
A bill allowing for more LPFM licensees in the U.S. is headed for a full Senate vote soon. Current laws limit the numbers of low power FM stations allowed in an area to prevent interference with full-powered FM stations. While more LPFM stations will undoubtedly offer greater programming options to listeners, I can't help but wonder why community radio is being forced to inhabit the outer fringes of the public's spectrum. I suppose something is better than nothing.
After all the public hearings, outcry, and lobby dollars hard at work, the FCC finally decided vote on whether or not to relax media ownership rules. And then Congress got angry, telling the FCC that it was far too soon to make up their minds about the issue. Stay tuned...
As the satellite radio companies attempt to merge, costs and legal fees soar through the roof. Mel Karmazin admits to spending $1 million in photo-copying alone.
Digital Music News
This past month, Radiohead released the digital version of their latest album on a pay-what-you-will basis, prompting many philosophical discussions on the music industry's demise. Some Radiohead fans are now angry about the downloads being encoded at a "low" bit rate (160 kbps), even though most of these folks probably couldn't tell the difference between 160 and 320 kbps on their crappy computer speakers anyway.
Jammie Thomas, the woman who recently lost a court battle with the RIAA over file-sharing, is trying to raise funds to help pay the $220,000 she now owes the recording industry (or perhaps to pay her lawyer for an impending appeal). What better way to accomplish this than by hawking thong underwear emblazoned with a "Free Jammie" logo? (hey, it worked for Bronwyn!)
Indecency Goes to Supreme Court
Tons of activity on the indecency front lately. Earlier this year, the 2nd Circuit U.S. Court of Appeals slapped the FCC's wrist for their unclear broadcast indecency guidelines, and for applying those rules in an erratic manner when they suddenly took an about face on the issue of fleeting expletives. The FCC has appealed this decision to the Supreme Court, and because the commission's guidelines are so shaky, I can't see how any rational judge would not uphold the 2nd Circuit's decision. Then again, the Supremes recently put the smack down on Bong Hits 4 Jesus... Predictably, there has been a backlash to the 2nd Circuit's decision in Congress. The House recently introduced the "Protecting Children from Indecent Programming Act." Meanwhile, the 3rd Circuit U.S. Court of Appeals is examining the 2004 Superbowl halftime fiasco (aka nipplegate); CBS is challenging the FCC's $550,000 fine. In the radio sector, Pacifica stations chose not to air a recording of Allen Ginsburg reading his landmark poem Howl, in celebration of the 50th anniversary of the day a court ruled that the poem was not obscene. Fearing FCC indecency fines, the historic recording was webcast instead.
Performance Royalty Updates
Lately, the webcasting royalty negotiations have gone stale, with hardly even a rumor suggesting that any deals are close to being made for non-commercial webcasters. Meanwhile, there is talk of a performance royalty bill for broadcasters, and it could hit the Senate floor as soon as this month. For more on the recent discourse surrounding performance royalties, check out RAIN's coverage of the FMC Policy Summit, which I attended last month.
RIAA in Court
The RIAA's first filesharing trial hit a Minnesota courtroom this week, wherein a 30-year-old mother of two was accused by the RIAA (and 7 member record labels) of illegally distributing songs on the Kazaa filesharing network in 2005. The defendant was found guilty of copyright infringement, and must now pay $9,250 for each song that she made available via p2p ($222,000 total). You can read a play-by-play of how the trial went down right here. This woman clearly should have settled before she wasted money on a bad lawyer (who actually suggested to a jury of rational adults that his client was "victim of a zombie, a cracker, or a drone") who allowed her case to go to trial. An interesting side note: during the court proceedings, the RIAA admitted that its campaign against illegal downloading is costing them millions of dollars that are not recuperated by settlements.
The Future of Music Coalition is holding their annual Policy Summit at George Washington University in Washington, D.C. next week, as I mentioned previously. Not only will this be an amazing confluence of record labels, radio stations, webcasters, policymakers, academics, lawyers, and trade groups, but now a bunch of cool musicians are slated to speak as well (see the full list of panelists here).
Lady Miss Kier of Deee-lite will discuss sampling, Charles from the Wrens will tackle broadband policy/net neutrality, Franz from the Hold Steady will talk about the state of music retail, Jon and Nick from the Spinto Band are rounding up the DIY Music Licensing Panel, while Mac McCaughan from Merge/Superchunk and Bob Mould will chime in during FMC's State of the Union panel, kicking off the event on Monday, 9/17.
Peter Alyea from the Library of Congress is also on board to discuss a new toy called IRENE, a laser beam that scans the surface of old records, digitally mapping out the audio (and simultaneously editing out dust and scratches), without ever using a needle.
For a full schedule of panels and sessions, visit this page. Registration info here.
Just a few months after an appeals court in New York deemed the FCC's indecency standards "arbitrary and capricious," broadcast indecency issues are receiving even more judicial attention. CBS has appealed the $550,000 fine dealt by the FCC in response to Janet Jackson's infamous wardrobe malfunction, and court proceedings begin today. While it is difficult to predict how the 3rd Circuit Court of Appeals in Philadelphia will interpret 19/32 of a second of nipple exposure, I'm keeping my fingers crossed that their examination will expose the FCC's indecency guidelines for what they are: irrational and unintelligible.
