Wow! It's been a long time since I've been over to CC Mixter!
They've been as busy as ever over there, creating a bunch of great new remixes using my Hepepe and Me acapella track.
MC Jackinthebox, one of my favorites, created a CC Chickster track using samples from many of the CC Mixter female vocal staples.
Then I find out that Hepepe created a new song using the acapella track that I originally added to his song (Hepepe and me), Byrd of Cool. He created a completely different track and called it:
Lisa and Me.
How cool is that?!
I've been fishing around in CC Mixter because I'm in the process of editing together a ton of Second Life videos, and I needed music for them.
As usual, ten minutes over at CC Mixter and I'm all set for soundtracks!
Oh yeah, this Dr. GoldKlang remix rocks too... (And it mixes me with death metal vocals, which I totally dig :-)
I've been to the Castro on Halloween several times, and even on years that I don't decide to go, it's important to me that I know it's there, happening. Just over there, being cultural, historical, and wonderful. And I always get to hear interesting and exciting anecdotes from my friends that make it.
Now we're told the party's over because, it would appear, of some gang incident that happened last year that didn't have anything to do with the festivities.
Merchants are being asked to close early. I hope they don't. They make a lot of money on Halloween. Why should they have to suffer too?
here's the article in the chronicle about it.
How can we save it guys? I dunno. Seems like we should go straight to Gavin Newsome about it. This is a good issue to see where he's at on over-reaching blanket bans on public congregation...
It's like telling the German's "hey, no Oktoberfest this year."
Here's the best quote of the article:
"People are still going to go to the Castro," said Ted Strawser, founder of the San Francisco Party Party, a group that opposes the move. "Without services, they're just going to pee in the street, and without entertainment, mischief will occur."
Updated to provide easy links to The San Francisco Party Party's website on this issue and its party platform statement.
Here's the full text of the article:
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/06/01/state/n211009D90.DTL
City officials shut down annual Castro Halloween bash
Friday, June 1, 2007
A city firefighter assists a shooting victim, who was amo... A shooting victim clutches his leg in the Castro district... Erika Gruendyke (left) and Lenora Hett get a free, hands-... Gluteus maximus: Many Castro Halloween revelers wore cost...
(06-01) 21:10 PDT San Francisco (AP) --
Halloween revelers in San Francisco will have to find a new place to haunt this year after city officials decided to shut down the Castro district's yearly street party.
The section of Market and Castro Streets usually blocked off for the costumed extravaganza will remain open to traffic. There will be no portable toilets provided and no stages erected for entertainment, officials said.
Merchants are being asked to close early, said Supervisor Bevan Dufty, who represents the Castro, and some have already agreed to do so.
Moving the famous street party — a decades-long tradition in the gay enclave — has been an annual discussion since violence has increasingly defined the event. Last year a gunman shot nine people, and in 2002 four people were stabbed.
San Francisco officials tried to start an alternative party at the Civic Center from 1996-2001. But party-seekers went to the Castro anyway, and police had to patrol both events.
City officials have proposed moving the party to a parking lot at AT&T Park, and luring a top-name entertainer to help private promoters recoup the costs of the event.
"People are still going to go to the Castro," said Ted Strawser, founder of the San Francisco Party Party, a group that opposes the move. "Without services, they're just going to pee in the street, and without entertainment, mischief will occur."
I had a great time guest co-hosting with RU Sirius and Jeff Diehl on this week's RU Sirius show. (MP3 - 26 MB)
We talked about election fraud (what a surprise) and interviewed Dan the Automator (Dan's myspace page).
Photos are forthcoming, but I hate to hold up posting for anything these days, because I seem to never get back to it...
This is actually a remix of some of my music - as opposed to one of "my remixes."
Just found this on CC Mixter:
Submarine (Featuring Lisa Rein)
by Briareus
This track uses my acapella track of "He pepe and me."
I'm getting a lot of remix mileage out of that acapella track! (like 9 remixes!)
I gotta get more stuff up there!
 | Mc Jack In The Box put in some of my vocals from Acapella Hepepe and Me into a new cool remix called: Slamlord. |
I think I've said it before, but there's really something goin on worth checking out over at:
CC Mixter.
Wow. I can't believe I never posted my
Songs From The Commons show (#12). (Let's just say I'm busier than I think I've ever been in my entire life, doubled. )
But still. How could I have forgotten to tell you about it, after all that work? It took me a long time and I remember feeling good about it when it was done, although right now I'm consumed by too many things to remember why...
Oh yeah, it has my remix of Mc Jack In The Box's remix of Brad Sucks in it, for one thing. I was also pleased with how well Cindy Sheehan and friends' protesting at the UN was adapted to a beat.
The subject is recent developments in Creative Commons search tools:
1. http://creativecommons.org/find/
The CC folks threw a user interface on top of the google and yahoo searches.
It's also a great place to see a lot of great CC repositories all in one place.2. Flickr's Creative Commons Page
http://www.flickr.com/creativecommons/
Browse by license on this popular photography site.
3. Google's Advanced search feature:
http://www.google.com/advanced_search?hl=enAcross from the heading "Usage Rights," you will wee a drop down selector.
I just uploaded my fifth SFTC podcast.
This show features tracks from Wired's Creative Commons CD DJ Dolores, Dan The Automator, The Beastie Beastie Boys, and Thievery Corporation. Everything is available under CC's Sampling Plus License.
More music, less talk, this show. And starting next week, all of these shows will be available in a "yapping free" format. I'm doing this because, it seems to me, that after you hear the spoken portion once or twice, you'd probably be done with it. While a music-only version can live on in your Ipod...FOREVER! (crescendo...echo...fade out...)
My cc mixter page is up now.
I've uploaded my first track, Maybe We Can All Do Something, which features Craig Newmark and Fourstones. It's from my last podcast for Mondoglobo.net.
I've been getting a lot of stuff for my show from cc mixter. It's just a great site!
This whole next month of
SCOUT shows is gonna be sw-eet.
First of all, due to popular demand, Variable Unit will be jamming a lot more on its own.
Another change: We're having a different DJ every week now for the opener.
This week, DJ Quest. Next week, DJ Marz (another of the Space Travelers). The week after that, we don't know yet...
Here's the line up for tomorrow night's show. (Wed June 1, 2005)
DJ Quest - Opening from 9-10pm
Guest MCs:
MC Link-Letterz
(Ctrl Z)
Paulie Rhyme
(Finless Brown)
JBo
(Nightcrawlers)
Zealous
Special Guests TBA
It would be great if you headed down to the Red Devil Lounge this Wednesday, May 11, for SCOUT. (And do please stop by and say "hi," if you do come by. I'm easy to find :-)
We've just announced the
line up of MCs for May 11th, and it's a goodin:
Celsius 7 and Spidey of Psychokinetics
Mic Blake and HoFlow
(Bopcity/Alphabet Soup)
All four MCs from
Felonius: One Love Hip Hop
D.Wolf, Soulati, A kid named Keith, and Infinite
All three MCs from The Greans (Oposit, Cold Showda, and King Solomon)
The Genie-scratch guitar
(thegeniemusic.com)
Proficy
Special Guests TBA
The
May 4 show was incredible. here are some photos.
I'll be putting up videos and mp3s right here in a bit...
Hi guys. Sorry I've been away for so long, but the reason I've been so busy is that I've been planning and organizing SCOUT, a nine week series of concerts at the Red Devil Lounge in San Francisco that will be going on every Wednesday night in May and June.
Here's the deal: MCs can show up and freestyle, or bring prepared lyrics, and they get to perform with Variable Unit a band that Straight No Chaser called "The most talented band the States has to offer." We'll be recording the show every night (all nine of em) and the best tracks will be on a SCOUT CD that comes out in October.
We just landed international distribution this year, so SCOUT will be released in the UK, France, Spain, Japan, and many other countries when it's released in October.
VU's new album, Mayhemystics OutBreaks just came out today, and I'm particularly excited about it for purely selfish reasons. It's the first "real" record that I've been on -- singing background vocals on the track Black Gold, which is a song about the Iraqi war and the U.S. exploitation of Iraq for its oil. (Although based primarily on a frightening dream that Gregory Howe had one night, it was also inspired by this Bill Moyers program about the real "Iraqi Gold Rush.")
So that's the scoop guys. Email me at scout@widehive.com if you're interested.
And everybody should come to the SCOUT shows in May and June at the Red Devil Lounge.
Cubik and Origami will be opening the show every night. (More on them later.)
Trent Reznor is making his next Nine Inch Nails record available in a GarageBand Format. He's basically making the source files available for mash-ups and remixes. You can't sell them, but you can make and redistribute freely, which is pretty cool. Right on Trent.
Hope the album's a good one. I still relish in Downward Spiral occasionally. I love that record. I still think "Closer" raised the bar on percussion in the rock world forever.
anyway...yadda, yadda, yadda.
Thanks Pete!
Remember that it's "Sunset Salvage" now :-) since we got sued.
Here are some free MP3s if you want to check it out.
Village Voice Critic's Poll For 2004
Update 3/3/05 - Wow! Has a week gone by already! Tonight's the night guys. We'll be there from about 7pm on. Cubik and Origami are on from 8-11pm.
These guys are really cool. Their equipment consists of three turntables, a couple laptops, and even a bass and other instruments that they play live -- all blended together in their set.
Hope to see you there!
Hey gang! I'm having a party next Thursday night (not tonight, but next week - March 3, 2005).
Well actually,
Wide Hive Records is having a party, but I'm taking the opportunity to invite all my friends and readers since I haven't seen so many of you for so long.
Cubik and Origami is the latest offering from Wide Hive. Their first EP (vinyl only) is due out in May. Their second EP (vinyl only) and first CD will be out in June. Here's a sample that's not even up on the website yet.
We'll be there from the early evening on.
I've got about 50 test pressings available. Djs should Email me at lisa@widehive.com to let me know you're coming and would like a test pressing so I don't run out on ya.
See you there!
Our latest release at Wide Hive is Plate Fork Knife Spoon. It's basically the Crown City Rockers' rhythm section with Eric Krasno from Soulive on guitar and David Boyce from the Brown Fellinis on Sax.
Crown City emcee Raashan Ahmad guests on one track, Wonder.
(MP3 - 6 MB). It's my favorite track on the record.
Give it a listen...
Wonder is only available on the CD and 12" (not the LP. The 12" also contains an Exclusive beat, "Sabado."
Update 2/7/05 - found it! It's called
Callin On Sunday by Party Ben. thanks guys!
I heard a mash-up of Lyric Born's "Calling Out" and U2's "Sunday Bloody Sunday" the other day on San Francisco's Live 105.
I want to hear it again, but it doesn't seem to be anywhere. Can you guys help me out?
It's cool to hear Lyrics Born blowin up on Live 105. It reminds me to plug our
DJ Zeph 12" (and CD) that features Lyrics Born:
Hands Up. (MP3 - 5 MB)
You can also buy it on iTunes.
I had just signed up for a PayPal account too, and was in the process of verifying my bank account. Now I think I don't want to get involved with these guys.
Mark Perkel learned this the hard way, when PayPal gave his account "limited" status after deciding it didn't like some of the content on his website. Furthermore, right before it shut down his account, it reversed a deposit that one of his clients had transferred to his PayPal account, but it did not return the money to his client's bank account after removing it from Perkel's bank account.
According to PayPal's User Agreement, (It's probably the Accessible Use policy regarding adult material that he violated.), if it chooses to make your account "limited," (PayPal has the authorization to do so at any time based on its own discretion), it can and will hold the funds in your PayPal account for 180 days.
Turns out that money is in limbo until Perkel writes PayPal in a secure email on its website and asks for this to be done explicitly. This is despite the fact that he asked them to do so over the phone. (And why wouldn't they have already done so anyway? - if they were reversing the transaction, when the money left Perkel's account, it should have gone back to where it came from.)
PayPal claims that they hold the money for 180 days to "protect ourselves from potential reversals" to the accounts. But there's a free speech issue here - why is PayPal going around making judgements about it's customers' websites anyway? Who's going to be next? Is your PayPal account something you don't want to keep too much money in at any one time, since they can freeze your account and hold it up for 180 days?
These are the questions going through my mind after listing to this MP3 of Marc Perkel talking to Paypal.
If you're listen to the MP3, and in a hurry, the relevant portion is at about 6 min 50 seconds into it. But if you've got a minute, listen to the whole thing. It's pretty interesting.
So Perkel may have violated their user agreement, but closing his account without giving him a chance to take his money out, and then holding on to not only the money he had in his account, but the money his client had transferred to him the day before the account was closed doesn't seem right.
Marc's started an anti-paypal website, to let people know about his experience, but I'm not telling you to boycott these guys necessarily. I just want you to know about this so you can make your own decision. Maybe there's a perfectly good reason why PayPal works for you. Fine.
(This MP3 might also have some great samples in it for you Dee Jay/Audiophile types. Don't say I didn't tell ya :-)
Here's some information for anyone who is interested in the news story about PayPal and their lawsuit settlement over freezing customer's accounts:
Here's the full text of the article in case the link goes bad:
http://news.com.com/PayPal+settles+customer+suit/2100-1038_3-5233490.html
Last modified: June 14, 2004, 4:38 PM PDT
By Paul Festa
Staff Writer, CNET News.com
Print story E-mail story Your take
PayPal has reached a preliminary settlement with some customers who accused the eBay unit of illegally freezing their funds.
The company on Friday said it will pay a total of $9.25 million to settle the federal class-action suit, $3.4 million of which will pay lawyers' fees and costs.
PayPal admitted no wrongdoing in settling the claims, which were filed in 2002 as part of two federal class-action suits that also alleged other customer service deficiencies.
Those two cases were merged, and a third case, pending in California state court, will be dismissed if the settlement agreement is approved.
"In this agreement, PayPal does not acknowledge that any of the allegations in the case are true," PayPal said in an e-mail to customers. The unit "entered into the settlement agreement to avoid further costs of litigation and to devote resources to more productive areas of our business."
An attorney for PayPal customers called the settlement a win not only in securing a financial reward, but in changing the way PayPal does business.
"I think we got it right," said Daniel Girard, a partner with Girard Gibbs & De Bartolomeo in San Francisco. "The settlement provides for cash recovery and also for a series of changes to the operating procedures at PayPal."
Between June and September 2003, while the litigation was still pending, PayPal released $5.1 million in frozen customer funds, Girard said. As part of the settlement, PayPal agreed to change the way it handled dispute resolution.
PayPal acknowledged that the settlement included an injunction mandating certain changes to the company's procedures, but maintained that the modifications had come about independent of the litigation.
"PayPal has always been looking for ways to improve customer service," said company spokeswoman Amanda Pires. The litigation "didn't really change the way PayPal has been operating. We have improved our customer service as part of our normal course of business."
PayPal claims 45 million member accounts around the world.
The settlement was the product of mediation, begun early last fall, before a court-appointed special master. Within a week, the parties plan to file the preliminary settlement with the U.S. District Court in San Jose, Calif., for approval.
The case involves PayPal customers who used the service between Oct. 1, 1999 and Jan. 31, 2004. European Union residents are excluded.
PayPal said it will publish the allocation plan in July or August. Customers will be informed of settlement terms within two months of the court's preliminary approval.
Here's the text from the website in case the link goes bad:
http://paypal.ctyme.com/paypal/paypalsucks.htm
PayPal Sucks - Closed my Account - Keeping my Money
I'm in the process of building my PayPal sucks site and this blog entry is the first step. It's the art of being an asshole. I'm sure I'm not the only one that PayPal has ripped off and probably won't be the last - but I will be the one they remember the most.
I got an email today from PayPal that they are closing my account. The reason for closing my account is that they claim they don't like the content of my web site - specifically my site on Sexual Issues where I have my Men's Guide to Escort Services - a guide to interacting with hookers, The Nerd's Guide to Sex - a guide teaching men how to properly have sex with women, and The Shy Girl's Guide to Becoming a Whore - a women's guide to surviving the Bush Ecomony.
So - because they didn't like my web site content they not only decided to cancel my PayPal account - but to also keep my money for 180 days. And - I had transfered my money out of PayPal yesterday - but after closing my account today they reversed yesterday's transaction and are going to steal my money.
The people at PayPay are real mother fuckers. But I to am an asshole and I don't get mad - I get even. Whenever I get screwed by someone I use my talents of being a real prick to turn the tables on them and make them feel the heat.
PayPal claims that according to their End User Agreement that they have the right to close down my account for any reason whatsoever - without any form of recourse - keep my money for 180 days - and there's nothing that I can do about it. Well Paypal you on wrong about that because there's a lot to do about it.
I am a person who values free speech and fights hard against censorship and the Corparations like eBay who owns PayPay who think they can come in and tell ME what I can say on the Internet. Well I say - fuck you PayPal! I will not only keep my right to FREE SPEECH but I will use that right to expose you for what you really are.
Now - for those of you who are reading this - you probably don't entirely grasp the details of what I'm talking about. You think - this is PayPal - they have to be more ethical than that don't they? I say - yes they do. So I called them on the phone about it to get them to explain it to me in their own words. And I RECORDED THE CONVERSTATION IN THIS MP3 FILE SO YOU ALL CAN HERE IT FOR YOURSELF!
First things first. The file you are listening to is edited. But the important content is unaltered. I removed about 20 minutes of on hold messages so that you wouldn't have to sit through the wait time. The rest of it is everything that was said between me and PayPal.
What really fun about this is that I got them to say just exactly what they did to me and how they ripped me off and how they aren't going to do anything to fix it. What you hear is a real life detailed experience that I had and what PayPal's end user agreement really means to you - so that if you are thinking about doing business with PayPal - or you are already a PayPal or eBay customer - you might want to reread that user agreement and see if this is really what you want to be agreeing to.
In the recorded conversation - after getting them to plainly explain how they are screwing me - I anounce to them that I have recorded this phone call - and that I'm going to put it on the Internet. All of a sudden it is them flipping out and screaming about their rights - but - there's nothing they can do about it. You see - I'm not the only one who has no choice. When I dialed up PayPal - the very first thing their machine said was, "This call may be recorded." So - I recorded it. Listen to the squeal about their rights - but I don't give a fuck about their rights because they don't give a fuck about my rights.
The big corps think they hold all the cards - but there are things that we consumers can do to fight back. After all 0 this is a country of the people, by the people, and for the people. Not of big corporation who think they can enslave us and walk over us any time they want to. I want this web site to be a turtorial about how people like you and me can stand up to these motherfuckers and show them that the People rule. And we do that by taking money out of their pockets.
Now - there are plenty of other people out there with similar stories of being censored or otherwise ripped off be PayPal and the comment section is open for you to tell your PayPal story. Go ahead and put in links to other PayPay sucks sites and tell us who is better. It's time that the online community organized to move away from unethical corporations like eBay who owns PayPal and find services who will play ball with us on OUR TERMS.
And - I want you to let PayPal know that you saw this web site and let them know what you think aboiut it. Here is an Email Form to tell them - you saw it hear - you listened to the recording - and what you think about it.
One think to keep in mind is - PayPal is not a bank - nor do you have the protection that banks offer. They are also not a credit card company. They act like they are a fiscal instution but Master Card and Visa aren't playing moral police with me. And as you can see - if they decide to take your money - they just take it. Even if you transfer your money out of paypal the day before they close your account.
Also - if you are going to link to this page - don't use the blog url. Use this URL instead:
http://paypal.ctyme.com/paypal/paypalsucks.htm
Here's another PayPal Warning Site I found.
Other PayPal Sucks Sites:
http://www.paypalsucks.com/
http://www.internationalterrorist.com/paypal.html
http://yro.slashdot.org/yro/04/05/18/0128201.shtml?tid=126&tid=153&tid=172&tid=93&tid=95&tid=99
http://www.gnutellanews.com/article/12148
http://www.tcj.com/messboard/ubb/Forum1/HTML/007500.html
http://seclists.org/lists/politech/2003/Mar/0040.html
http://dir.salon.com/tech/feature/2001/02/23/pay_pal/index.html
http://www.whatreallyhappened.com/paypal.html
http://www.aboutpaypal.org/
http://groups.yahoo.com/group/paypalperil/
http://www.outofthedark.com/CorporateWars/PayPal/index.html
http://www.ygoodman.com/paypal.asp
What is PayPal?
PayPal is an online service that allows you to email money to other people.
----------------------
Why is my account access limited?
Your account access has been limited for the following reason(s):
# Jun. 13, 2004: In accordance with PayPal's User Agreement and Acceptable Use Policy, we have closed your account. Your funds may be held for 180 days from the date of your last transaction. After 180 days, you will be able to access your funds by requesting an online bank transfer or, if applicable, a check from PayPal. Please update your address or bank information as we cannot be held responsible for checks issued to an incorrect address. We do ask that you please remove reference(s) to PayPal from your site.
(Your case ID for this reason is PP-040-853-646.)
Posted by marc at June 13, 2004 07:59 PM | TrackBack
Comments
i feel for u mate.. i had my paypal account closed, and by the time i was able to come back to the civilized world to do anything,(was out in the outback) my money, my account all gone.The reason they gave me was inactivity on my account so they took it to themselves to close and wipe my money clean.Your reasons was more obsecure.. wat does an online content (what u write on the net) has anything to do with paypal?
screw them real good!
Posted by: ixnay at June 13, 2004 09:11 PM
Large corporations are all, repeat, all crooked. You will need a website the size of Siberia to contain all the "so and so sucks" information. Let me suggest:
CORPORATIONS SUCK
They are Re-animated Companies. They take a company that has been sold (aka dead) and artificially re-animate it with money from absentee stock-holders. These Frankenstein's Monsters are ruling the world. Nice, huh?
They are evil incarnate. Whaddaya gonna do?
Posted by: Dancho at June 13, 2004 09:49 PM
the URL to the MP3 is 404, bro.
Drew
Posted by: drew niese at June 13, 2004 10:01 PM
As far as the reversal of transaction goes, I think you have a legitimate right to complain.
But I don't think you can call foul as far as PayPal's closing your account is concerned.
From the "User Agreement for PayPal Services":
"This User Agreement ("Agreement") is a contract between you and PayPal, Inc. and applies to your use of the PayPal™ payment service and any related products and services available through www.paypal.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of PayPal. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a PayPal user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other PayPal websites and Services will be governed by the terms and conditions posted on those websites."
One of the links is the "Acceptable Use Policy", and one of the examples of prohibited services/sites is "information sites or directories that provide links to adult sites or escort services".
PayPal isn't telling you what you can and can't say on the internet. They're not shutting your site down. Private companies *do* have the right to dictate what their services can and can't be used for.
PayPal didn't close your account because of something so arbitrary as "they don't like the content of your web site". They closed it because you broke terms of usage that you had agreed to when you signed up for their services in the first place.
Posted by: MadBlue at June 14, 2004 03:49 AM
Never, NEVER keep a large balance with Paypal. Damn, 6 months sure seems like a long time to keep somebody's money! That's a helluva float! Whatever happened to 30 days, 60 days, even 90 days? Okay, so 6 months go by and then what - They make your money disappear for inactivity like that poor Aussi who was outback!?
Posted by: richard at June 14, 2004 04:14 AM
Hey, that recording was funny as hell. Well, obviously, congress has to legislate laws to protect the consumer against paypal/ebay. I never use paypal when I put something up for auction on ebay. Hey, just imagine, ebay just closed my account for a bullshit infraction. That means that they probably would have frozen my paypal account too.
How's that song go... Alicia, Alicia...la la la la
Posted by: richard at June 14, 2004 04:35 AM
I don't buy keeping the money for 6 fucking months to cover potential complaints. I mean, what if they had already sent you the money; how would they cover their complaints then?
Posted by: richard at June 14, 2004 04:43 AM
If PAYPAL is acting as any merchant account, they reserve the right to hold funds to handle claims. As a businessman I am not totally bothered by this, if you agree to it. But, I do believe the owner of the account should earn ALL the interest from those funds. Now, I'll go listen to the tape.
Posted by: X-FREEPER at June 14, 2004 06:14 AM
"PayPal still faces probes by the FTC and other states regarding how it does business, including procedures dealing with times when product is not delivered after payment is received, and PayPal's account-freezing policies."
http://www.geek.com/news/geeknews/2004Mar/gee20040310024206.htmw
Posted by: Babylonian at June 14, 2004 07:51 AM
Mark, I was reading one of your err... other sites...lol....hey, I don't mean to burst your bubble but...BUT... the reason those escorts were telling you that you are so good in bed is because...err.......u were PAYING them and they wanted a tip plus more business in the future.
Posted by: richard at June 14, 2004 07:57 AM
While less than ethical, what PayPal did was perfectly legal. You agreed to their license agreement in the beginning, obviously without reading the whole thing (but honestly, who does?).
As for tape recording you conversation with PayPal... you're gonna wind up in serious shit. That's recording a phone conversation without expressly telling the other party that the call is being recorded is a felony. If they want to, they can sue you to hell and back if you post that conversation on the internet (like you did). If I were you, I'd get rid of it--it's evidence against you.
Posted by: Mance at June 14, 2004 10:35 AM
No, I think that since Paypal's own recording said that the conversation would be recorded puts Mark in the clear.
Posted by: richard at June 14, 2004 11:17 AM
Unfortunately, that's not true. The recording said that it is possible that the call may be recorded, but PayPal is required by law to notify all customers of such a recording. IF you argue semantics with a judge, it's not going to help you.
Posted by: Mance at June 14, 2004 01:14 PM
Dude... you got your Paypal logo right there on your site. Gotta get rid of that...
Posted by: Dancho at June 14, 2004 02:55 PM
your blog on Reagan must have offended Paypal.
Posted by: celery at June 14, 2004 05:51 PM
I don't have a problem with Paypal canceling his account, because they're notorious for not dealing with immoral (to them) stuff. Marc's site does push the comfort level (though I find it informative and hilarious, but that's just me.) And, anyway, that's their right. They can do business with whoever they want. And I can do business with whoever I want. No one's forcing people to use Paypal. Plenty of alternatives out there.
But I do have a serious problem with their holding his funds. They should freeze his account, so that he can only move his funds out, and do nothing else. But tying up his cash is, in my opinion, severely unethical. Not sure what can be done about it, though, except spread the word and cost them business. Worked for me. I avoid Paypal whenever possible now.
So--anyway. I'm starting up an Internet business later this year, and need reviews on digital currency, since Paypal is out. Was out a long time ago. I've heard this happen to lots of people. Anybody use e-gold or its competitors? What did you think?
And, yeah, I was wondering about the legality of taping people without their consent/knowledge. Anybody know the relevant statute? What kind of trouble has Marc got himself into?
Posted by: curt at June 14, 2004 05:58 PM
ELECTRONIC COMMUNICATIONS PRIVACY ACT
UNITED STATES CODE
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
I guess there are states that have a two party notification law..but most states require single...and since you consented at the beginning of the conversation...when they asked...not that there seemed to be a choice offered to you of a press 1 if you consent, or press 2 if you do not...seems to me when they announce it they are just telling you they are and you have no choice.
The recording of the call was good...
Posted by: minerva at June 14, 2004 08:14 PM
Marc, that was the most enjoyable hour I just spent, reading your page and listening to that recording.
Its time big business gets back to basics and realizes just where they get these big bucks from..US. The people. Our little pocketbooks feed their big executive salaries and its time they felt the pinch, just as we have to.
I am cancelling my PayPal account today. Not that my little amount will hurt them, but spreading the word will. I realize that PayPal was bought by eBay, but new auction sites are opening up daily. Competition is good!!!
And to anyone who wants to go the 'moral route', go right ahead! I've been with Ctyme hosting for two years and nothing on Marc's site bothers me at all. AND, I'm a 60 year old lady, widowed and mother to a wonderful young man. If it doesn't bother me, it shouldn't bother anyone!!
You go, Marc!!
Posted by: Nightwalker at June 15, 2004 03:13 AM
Enough paypal already.
You know, after everything the White House has put this country of ours through, Cheney, despite it all, is in Florida perpetuating the lie that there was a link between Al Qaida and Sadam Hussein! This clown makes me want to puke!
http://news.yahoo.com/news?tmpl=story&u=/ap/20040615/ap_on_go_pr_wh/cheney_terrorism_1
Cheney Claims al-Qaida Linked to Saddam
Mon Jun 14, 8:00 PM ET Add White House - AP to My Yahoo!
By MIKE SCHNEIDER, Associated Press Writer
ORLANDO, Fla. - Vice President Dick Cheney (news - web sites) said Monday that Saddam Hussein (news - web sites) had "long-established ties" with al Qaida, an assertion that has been repeatedly challenged by some policy experts and lawmakers
The vice president offered no details backing up his claim of a link between Saddam and al Qaida.
"He was a patron of terrorism," Cheney said of Hussein during a speech before The James Madison Institute, a conservative think-tank based in Florida. "He had long established ties with al Qaida."
Posted by: richard at June 15, 2004 04:09 AM
Paypal closed my account because i received one payment from adult sponsor. I dont put paypal logo or watsoever on my websites and they closed it, leaving $2,800 in it. And they will not restore my account anymore. Paypal sucks! I will not recommend to my friends.
Posted by: Justin at June 15, 2004 05:45 AM
Unbelievable. PayPal doesn't like YOUR free speech, and gets all whiny when you expose their idiocy.
Ass soon as I drain my account, say buh-bye, Pay-former-"Pal"...
Posted by: gino at June 15, 2004 06:19 AM
Hold the account for 180 days for reversals? Yeah Right!
I got ripped off on eBay, payed with Paypal. Suppose to come in 3 days (express). After 7 days didn't show up. Seller's eBay account NARU'ed. Couldn't contact seller so I filed a Buyer complaint to reverse the transaction to get a refund of my money. After a week of Paypal "investigation", Paypal said they couldn't refund my money because there is NO FUNDS in the account! Why coundn't they reverse it?!?!
Posted by: Mr. A at June 15, 2004 11:35 AM
That's because the person closed it of their own volition, so there is no waiting period for reversals. On accounts that have been limited for some reason or another, they install this waiting period because they believe that people who have done something to warrant a closing might have trouble with reversals.
Posted by: Mance at June 15, 2004 03:12 PM
"This call may be recorded."
Not a complicated concept!
"May" implies a grant of permission; "might" implies the possibility of something occurring. (If I say you MAY use the phone, that is very different than saying you MIGHT use the phone. One conveys my approval for your engaging in that particular activity; the other conveys my assessment of your future activities.)
Marc's right, PayPal's wrong, and they (to be frank) are more fucked than Anna Nicole Smith if they think holding funds for 6 months is REASONABLE.
In the age of electronic banking, 180 days is an ETERNITY, and completely indefensible.
In my opinion.
;)
I'm going to London and Paris in a week, and I'm looking for cool record stores to hit while I'm in town. (I'm also looking for Drum and Bass and Hip Hop Clubs.)
I just found what seems to be a cool website with information on London recordstores, but I have no way of knowing if the information is current or not.
Thanks in advance for any advice you can give me!
I'm including the list I'm currently working from below. As the list improves, I will update it here (note the working date at the top).
Updated 3/19/04
Here is the full text of the entire page:
http://music.hyperreal.org/london/
central london rave shops - record stores
bottom of page | other London shops | flyer collectors | Hyperreal
BANGING TUNES - 15A Little Portland Street, London W1W 8BW
email: info@kinetec.com
tel: +44 (0)20 7323 5303
fax: +44 (0)20 7323 5909
Psych, Drum & Bass, Tech-House, US Techno, Gabba, Hardcore
BLACK MARKET - 25 D'Arblay Street, London W1V 3FH
email: mailo@blackmarket.co.uk
tel: +44 (0)20 7437 0478
fax: +44 (0)20 7494 1303
swing, rap, hip-hop, house, garage, jungle
CITY SOUNDS - 5 Kirby Street, London EC1N 8TS
tel: +44 (0)20 7405 5454
fax: +44 (0)20 7242 1863
house, garage [long established, new location]
CYBERDOG - 9 Earlham St, London WC2
email: sniff@cyberdogworld.demon.co.uk
tel: +44 (0)20 7836 7855
trance-techno [CDs only, in atmospheric clothes shop]
DEAL REAL - 6a Noel St, Soho, London W1V 3RB
tel: +44 (0)20 7734 8689
fax: +44 (0)20 7734 8979
hip-hop, soul, jazz, r&b, swing
EUKATECH - 49 Endell Street, London WC2
tel/fax: +44 (0)20 7240 8060
house, techno, trance, drum + bass
FLYING RECORDS - 94 Dean Street, London W1V 5RB
tel: +44 (0)20 7734 0172
fax: +44 (0)20 7287 0766
house, garage [above Major Flava's]
HAND SPUN - 31 D'Arblay Street, London W1V 3FG
tel: +44 (0)20 7734 7845
hip-hop
KOKON TO-ZAI [= "old-new-east-west"] - 57 Greek Street, London W1V 5LR
tel/fax: +44 (0)20 7434 1316
house, techno, groove, euro-trance [in intriguing shop]
KOOBLA - 17 Berwick Street, London W1F 0PT
email: tim@kooblarecords.com
www: http://www.kooblarecords.com
tel: +44 (0)20 7287 9909
fax: +44 (0)20 7287 9919
house, soul, techno, funk, electro, electronica
MAD RECORDS - 2 Silver Place, London W1F 0JP
email: info@madrecords.net
www: http://www.madrecords.net
tel: +44 (0)20 7439 0707
hard house, hard trance & nrg, progressive, trance, tech house, techno
MAJOR FLAVA'S - 94 Dean Street, London W1V 5RB
tel: +44 (0)20 7434 1406
fax: +44 (0)20 7287 0766
r'n'b, rap [downstairs from Flying Records]
MR BONGO - 44 Poland Street, London W1V 3DA
email: webmaster@mrbongo.com
www: http://www.mrbongo.com/
tel: +44 (0)20 7287 1821
fax: +44 (0)20 7439 1828
hip-hop, drum and bass, disco, techno, breaks, funk, jazz etc
PLASTIC FANTASTIC - 35 Drury Lane, London WC2B 5RH
email: shop@plasticfantastic.co.uk
www: http://www.plasticfantastic.co.uk
tel: +44 (0)20 7240 8055
fax: +44 (0)20 7240 7628
pumpin' house, progressive house, trance
RELEASE THE GROOVE - 20 Denman Street, London W1V 7RJ
email: release@music8.freeserve.co.uk
www: http://www.releasethegroove.co.uk/
tel: +44 (0)20 7734 7712
fax: +44 (0)20 7734 7713
jazz, r&b, drum&bass, house, London underground, garage
SILVERBACK - 40 Bloomsbury Way, London WC1A 2SA
email: info@silverbackrecords.co.uk
www: http://www.silverbackrecords.co.uk
tel: +44 (0)20 7404 9456
house, progressive, techno, breaks, drum n' bass, r&b
SOUNDS OF THE UNIVERSE - 7 Broadwick Street, London W1F 0DA
tel/fax: +44 (0)20 7494 2004
soul, funk, jazz, drum + bass, hip-hop
TRAX - 55 Greek Street, London W1V 5LR
tel: +44 (0)20 7734 0795
fax: +44 (0)20 8551 8525
euro dance specialists
UPTOWN - 3 D'Arblay Street, London W1V 3FD
tel: +44 (0)20 7434 3639
tel: +44 (0)20 7434 3650 (nail order)
fax: +44 (0)20 7434 3649
r'n'b, rap, garage, underground, house [promo specialist]
VINYL JUNKIES - 9 Berwick Street, London W1V 3RG
tel: +44 (0)20 7439 2775
fax: +44 (0)20 7287 2608
house, garage, techno, down tempo, miscellaneous beats [+ sitting area]
WYLD PYTCH (RECORD SPECIALISTS) - 51 Lexington Street, London W1R 4HL
tel: +44 (0)20 7434 3472
fax: +44 (0)20 7287 1403
hip hop, r&b, funk, soul, garage
XSF RECORDS - 39 Berwick Street, London W1V 3RE
email: records@xsfrecords.com
tel: +44 (0)20 7287 2496
Deep, Funky, Prog/Tribal House, Techno, Trance, Hard House, Breaks
u can check how to find them at UK Street Map or Multimap top of page | bottom of page | flyer collectors
other London rave shops & outlets
24 Carat, Caledonian Rd tel: +44 (0)20 7607 3334
Access All Areas, Camden NW1 tel: +44 (0) 20 7267 8320
Bassline Records, Kilburn tel: +44 (0)20 7372 5330
Body Music, Tottenham tel: +44 (0)20 8802 0147
Criminal Records, Walthamstowe tel: +44 (0)20 85033 2165
Deep Freeze, Camden tel: +44 (0)20 7424 0574
Hummit Records, 309 Kings Rd, Chelsea SW3 tel: +44 (0)20 7823 3584
Hype Records, Whetstone N20 tel: +44 (0)20 8445 5222
Paradox, 321 Upper Street, Islington N1 tel: +44 (0)20 7226 8530
Psychedelic Dream Temple, Camden NW1 tel: +44 (0)20 7267 8528
Pure Groove, 679 Holloway Rd, Archway N19 tel: (0)20 7281 4877
Record Village, 256 Hoe St, Walthamstowe E17 tel: (0)20 8520 7331
Remix, 247 Evershot St, Camden NW1 tel: (0)20 7387 2208
Rhythm Division, 391 Roman Rd, Bethnal Green E3 tel: +44 (0)20 8981 2203
R.O.A.R. Records, Elephane & Castle tel: (0)20 7708 3001
Rugged Records, Deptford tel: (0)20 8692 3311
Scream Records - 12 Ashfield Parade, Southgate N14 tel: +44 (0)20 8886 2317
Section 5, 121 Kings Rd, Chelsea SW3 tel: (0)20 7351 6853
Shed Records, 32 Western Hill, Crystal Palace SE19 tel: (0)20 8761 5080
Sonic House Records, 247 Evershot St, Camden NW1 tel: (0)20 7387 6440
Spin City Records, 374 Edgeware Rd, Paddington W2 tel: (0)20 7258 0300
The Mess, 225 St Johns Hill, Battersea SW11 tel: (0)20 7207 1276
The Vibe, 91-95 Brick Lane, Bethnal Green E1 tel: (0)20 7247 3479
Total Music, 2A Ellsworth St, Bethnal Green E2 tel: (0)20 7473 3000
Trakheadz, 117 Kentish Town Road, Camden tel: +44 (0)20 7428 1845
Trix Trax, Battersea tel: (0)20 7223 1995
Ultimate Dance Music - 30 Southbury Rd, Enfield EN1 1SA tel: 020 8366 5422
Vinyl Mania, 214 Northfield Ave, Ealing W13 tel: (0)20 7566 5244
Wired For Sound, Hackney tel: (0)20 8985 7531
and some other UK outlets
Hard To Find Records - Lonsdale House, 52 Blucher St, Birmingham B1 1QU
Mixa-Ma-Tosis - 14 The Triangle, Bournemouth BH2 5RY tel: 01202 319770
Nine Bar Records - 45 Upper High St, Epsom KT17 4RA tel: 01372 729861
Phat Trax - 2 Lower Road, Loughton, Essex IG10 2RS tel: 0208 508 1431
Sound Zone - 25 East Walk, Basildon, Essex SS14 1HA
Streetwise Music - 76 King Street, Cambridge CB1 1LP tel/fax 01223 300496
Vinyl Express - 210a High Street, Bangor, Gwynedd LL15 1NY tel: 01248 354535
Vinyl Underground - 80 Abington St, Northampton NN1 2BB tel: 01604 634433
I'm going to be in a hip hop video being shot next week by Ryan Junell. The song is called Under Surveillence by the group Variable Unit.
By a strange coincidence, that very same day I was recruited for the video, Billy Jam sent me this story, which details a situation where Dave Paul, owner of San Francisco's tiny Independent BOMB Hip Hop record label, was questioned by two Secret Service Agents who were responding to a tip from Cheaptickets.com, who claimed Paul had made threatening statements about the Shrub while purchasing tickets over the phone.
Check it out:
 |
Hip Hop Record Label Owner Dave Paul Interrogated By Secret Service Under Suspicion Of Being Threat To President George W. Bush by Billy Jam for HipHopSlam.com |
"The Secret Service showed up at my door. I was not here. They had told my mom that I had said some stuff on the phone and that I needed to answer to it. So I called the agent on his phone and he claimed that cheaptickets.com had reported to them that I had said some things about George W. Bush when I was on the phone working on my flight. I assured them that I said absolutely nothing and they wanted to come over and interview me in person, which they did with two agents. And they even wanted to come in and take a look around my room to make sure that there were no photos of "so-called person" with a target drawn on it or something to that effect. I don't know if it's someone at cheaptickets lying or maybe the Secret Service just used that as an excuse to investigate since the name of the record company.... I even gave them a flyer for tonight's show but they didn't look like they were too interested. I invited them down. They were pretty nice about it. I think just because when you're making flight reservations and the company name is what it is and that's what on your credit card and it shows four people going to Oklahoma City that I'm sure someone at cheaptickets pulled a red flag on it."Here is the full text of the article in case the link goes bad: http://www.hiphopslam.com/news/hhs_news_service_020a.html • SPECIAL REPORT! — Bomb Hip Hop owner Dave Paul Interrogated by The Secret Service HIP HOP RECORD LABEL OWNER DAVE PAUL INTERROGATED BY SECRET SERVICE UNDER SUSPICION OF BEING THREAT TO PRESIDENT GEORGE W. BUSH by Billy Jam exclusive to HipHopSlam.com On October 22nd, in what has to be one of the weirdest turn of events in post September 11th America, Dave Paul, the owner of San Francisco's tiny independent BOMB Hip Hop record label was paid an unexpected visit by two US Secret Service agents. The two government agents were reportedly following up on a tip from a source that claimed Paul had made a threatening statement about US President Bush while buying airline tickets to Oklahoma City for himself and three other DJs (Pone, Quest, T-Rock) who were all flying out very late that night on tour to celebrate the recently released "Return of the DJ Vol. 5". Immediately after the federal investigators left the Noe Valley home that Paul shares with his mother, he talked with HipHopSlam.Com NEWS from his home office phone. During that phone conversation he appeared unusually guarded and self edited. Later that evening at club MILK, scene of the hometown concert for the new DJ album, the still shaken DJ/label owner explained that he didn't want to use particular words over the phone because he believed it may be bugged: noting that he had been noticing unusual "clicking sounds" for several days but - up until then - had made nothing of it. During that phone conversation we asked him to explain exactly what had transpired? His response: "The Secret Service showed up at my door. I was not here. They had told my mom that I had said some stuff on the phone and that I needed to answer to it. So I called the agent on his phone and he claimed that cheaptickets.com had reported to them that I had said some things about George W. Bush when I was on the phone working on my flight. I assured them that I said absolutely nothing and they wanted to come over and interview me in person, which they did with two agents. And they even wanted to come in and take a look around my room to make sure that there were no photos of "so-called person" with a target drawn on it or something to that effect. I don't know if it's someone at cheaptickets lying or maybe the Secret Service just used that as an excuse to investigate since the name of the record company.... I even gave them a flyer for tonight's show but they didn't look like they were too interested. I invited them down. They were pretty nice about it. I think just because when you're making flight reservations and the company name is what it is and that's what on your credit card and it shows four people going to Oklahoma City that I'm sure someone at cheaptickets pulled a red flag on it." One of the words avoided by Paul was that of Bush's and also his label's name, BOMB, which as we know is a no-no to utter in any airport. And apparently now just to say it over the phone while buying tickets is also a no-no. Later that evening Paul said that he figured that the whole incident was just some random check and that there would most likely be nothing more to it. However after doing some research and investigations of our own at HipHopSlam we uncovered something interesting: the fact that on the 1995 BOMB album, Return of the DJ at the very end of the *Invisible Scratch Pickles' track that there was sample of a news reporter saying "After the bombing, police in Oklahoma City issued an all points bulletin for three men - at least two of them described as being of middle eastern origin. This in response to an eyewitness who claims to have seen them at the scene. Federal officials say they have leads but no suspects." Coincidence or implication that the Feds have been studying old BOMB compilations in their "homeland security" efforts? On October 26th we caught up with Dave Paul, who was in Texas en route to the Houston show that evening, and asked him if he thought the Secret Service had been researching this deeply and uncovered this news bite (sampled incidentally by QBert)? He said he doubted it but that it was an uncanny coincidence. Again he reiterated that he figured the Secret Service were probably just doing a routine check and that most likely he wouldn't hear from them again. So would he consider changing the name of his record label from BOMB to something else for fear of future repeat scenarios? "No!" - he said. The BOMB Hip Hop DJs Dave Paul, Quest, T-Rock, and Pone will play Dallas on Monday, October 27th and be back in California by October 29th. For more info on the tour or music visit: www.bombhiphop.com *NOTE: Early spelling of the Piklz name when the crew was a trio feat. Qbert, Shortkut, and Disk. This same track also appeared with the sample intact on Bill Laswell's "Altered Beats" compilation when the crew was billed a quartet with Mixmaster Mike added
Digital Cutup Lounge has released a new creation using the Orrin Hatch audio that I audio hijacked from the real video feed (requires Real player - may need to launch Real player first and cut and paste URL to launch).
I had made the AIFFs available for just such a purpose!
Orrin vs the Machines [I Want To Ask You A Bunch Of Questions mix]
Okay so Wired News has a great story about how Orinn Hatch says one thing and does another with regard to respecting copyright laws. Perhaps now he will just admit that he didn't understand how easy it is to "violate copyright" (gasp!) unknowlingly.
Meanwhile, a link to the the real feed of the Senate Judiciary Committee Hearing on P2P and Filesharing Networks where he made his original inflammatory remarks finds its way to my mailbox. (Clip starts a little bit after 1 hour 28 minutes on the real feed when Hatch gives a little speech at the end.)
And voila, MP3s and uncompressed AIFF files of the most damning part of his little speech are born.
The "original" version was pretty quiet -- so I increased the gain and made the "louder" versions of the MP3 and AIFF files. But for you purists who would rather increase the gain on your own, I left the original in the directory.
There's also another guy talking in the beginning of the "original"-- which is edited out of the "louder" versions.
Enjoy!
Here is the full text of the article in case the link goes bad:
http://wired.com/news/politics/0,1283,59305,00.html
Welcome to Wired News. Skip directly to: Search Box, Section Navigation, Content.
Wired News
Search:
Text Size: Small Text Normal Text Large Text Larger Text [Home][Technology][Culture][Business][Politics][Wired Magazine Site][Animation Express]
Orrin Hatch: Software Pirate?
By Leander Kahney | Also by this reporter Page 1 of 1
11:56 AM Jun. 19, 2003 PT
Sen. Orrin Hatch (R-Utah) suggested Tuesday that people who download copyright materials from the Internet should have their computers automatically destroyed.
But Hatch himself is using unlicensed software on his official website, which presumably would qualify his computer to be smoked by the system he proposes.
* Story Tools
[Print story] [E-mail story]
* See also
* Hatch Wants to Fry Traders' PCs
* Will GOP Shake Up Tech Policy?
* Hatching Plans for Stem-Cell Law
* Music a Pol Can Subscribe To
* Picture Yourself in Politics
* Today's Top 5 Stories
* Saddam's Homepage Gets Face Lift
* Smart Bricks, or a Dumb Idea?
* Columbia House Jumps in Game Biz
* The Sound of Stolen Thunder
* Orrin Hatch: Software Pirate?
The senator's site makes extensive use of a JavaScript menu system developed by Milonic Solutions, a software company based in the United Kingdom. The copyright-protected code has not been licensed for use on Hatch's website.
"It's an unlicensed copy," said Andy Woolley, who runs Milonic. "It's very unfortunate for him because of those comments he made."
Hatch on Tuesday surprised a Senate hearing on copyright issues with the suggestion that technology should be developed to remotely destroy the computers of people who illegally download music from the Net.
Hatch said damaging someone's computer "may be the only way you can teach somebody about copyrights," the Associated Press reported. He then suggested the technology would twice warn a computer user about illegal online behavior, "then destroy their computer."
Any such technology would be in violation of federal antihacking laws. The senator, who chairs the Senate Judiciary Committee, suggested Congress would have to make copyright holders exempt from current laws for them to legally destroy people's computers.
On Wednesday, Hatch clarified his comments, but stuck by the original idea. "I do not favor extreme remedies -- unless no moderate remedies can be found," he said in a statement. "I asked the interested industries to help us find those moderate remedies."
Just as well. Because if Hatch's terminator system embraced software as well as music, his servers would be targeted for destruction.
Milonic Solutions' JavaScript code used on Hatch's website costs $900 for a site-wide license. It is free for personal or nonprofit use, which the senator likely qualifies for.
However, the software's license stipulates that the user must register the software to receive a licensing code, and provide a link in the source code to Milonic's website.
On Wednesday, the senator's site met none of Milonic's licensing terms. The site's source code (which can be seen by selecting Source under the View menu in Internet Explorer) had neither a link to Milonic's site nor a registration code.
However, by Thursday afternoon Hatch's site had been updated to contain some of the requisite copyright information. An old version of the page can be seen by viewing Google's cache of the site.
"They're using our code," Woolley said Wednesday. "We've had no contact with them. They are in breach of our licensing terms."
When contacted Thursday, Woolley said the company that maintains the senator's site had e-mailed Milonic to begin the registration process. Woolley said the code added to Hatch's site after the issue came to light met some -- but not all -- of Milonic's licensing requirements.
Before the site was updated, the source code on Hatch's site contained the line: "* i am the license for the menu (duh) *"
Woolley said he had no idea where the line came from -- it has nothing to do with him, and he hadn't seen it on other websites that use his menu system.
"It looks like it's trying to cover something up, as though they got a license," he said.
A spokesman in Hatch's office on Wednesday responded, "That's ironic" before declining to put Wired News in contact with the site's webmaster. He deferred comment on the senator's statement to the Senate Judiciary Committee, which did not return calls.
The apparent violation was discovered by Laurence Simon, an unemployed system administrator from Houston, who was poking around Hatch's site after becoming outraged by his comments.
Milonic's Woolley said the senator's unlicensed use of his software was just "the tip of the iceberg." He said he knows of at least two other senators using unlicensed copies of his software, and many big companies.
Continental Airlines, for example, one of the largest airlines in the United States, uses Woolley's system throughout its Continental.com website. Woolley said the airline has not paid for the software. Worse, the copyright notices in the source code have been removed.
"That really pisses me off," he said.
A spokesman for Continental said the airline would look into the matter.
Woolley makes his living from his software. Like a lot of independent programmers, he struggles to get people to conform to his licensing terms, let alone pay for his software.
"We don't want blood," he said. "We just want payment for the hard work we do. We work very, very hard. If they're not prepared to pay, they're software pirates."
End of story
A group of non-commercial webcasters including American Council on
Education (ACE), Collegiate Broadcasters, Inc. (CBI), Intercolegiate
Broadcasting System (IBS), Harvard Radio Broadcasting (WHRB) and National
Religious Broadcasters Music License Committee (NRBMLC) reached an
agreement over the weekend with the RIAA/SoundExchange on rates and terms
for webcasting.
IBS Announcement
A low fixed price agreement has been reached that also provides for no reporting/recordkeeping for participating IBS Member radio stations/webcasters. The period covered by the agreement is October 1998 through December 31, 2004...
Here's a PDF of the agreement.
Here are the rate specs from the "rates and terms" that were published today:
(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);(2) $250 for each of the years 2000 through 2003; and
(3) $500 for 2004, except in the case of an NEE that is, or is affiliated
with, an educational institution with fewer than 10,000 enrolled students,
in which case the minimum fee shall be $250.(b) Other Noncommercial Webcasters Transmitting a Single Channel. Except
as provided in Section 3(c) and subject to Section 4, each Noncommercial
Webcaster that is not an NEE shall pay nonrefundable minimum annual fees
as set forth below for all or any portion of a year in which it made or
makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a Broadcaster Simulcast, an
Internet-only transmission or otherwise):(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);(2) $250 for 2000;
(3) $300 for 2001, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;(4) $350 for 2002, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;(5) $400 for 2003, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250; and(6) $500 for 2004, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250.(c) Noncommercial Webcasters Transmitting Multiple Channels.
Notwithstanding Section 3(a) or (b) as applicable, the nonrefundable
minimum annual fee shall be $500 for each year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)) for any Noncommercial
Webcaster that made or makes digital audio transmissions of sound
recordings on more than one channel or station of programming; provided
that -(1) if the digital audio transmissions of sound recordings over any
channels or stations in excess of one consist only of "Incidental
Performances" (as defined in Section 9(f)), the nonrefundable minimum
annual fee shall be as provided in Section 3(a) or (b) as applicable;(2) if substantially all of the programming of all of a Noncommercial
Webcaster's channels and stations is reasonably classified as news, talk,
sports or business programming, the minimum fee shall be $250;
Here is the text of the document in case the link goes bad:
Rates and Terms Available to Certain Noncommercial Webcasters
1. General
(a) Availability of Rates and Terms. The rates and terms set forth herein
(the "Rates and Terms") cover the making of public performances of sound
recordings by means of digital audio transmissions under the statutory
license of 17 U.S.C. 114 by "Noncommercial Webcasters" (as defined in
Section 9(e) hereof), and the reproduction of ephemeral recordings used
solely to facilitate such transmissions under the statutory license of 17
U.S.C. 112(e), during the period beginning on October 28, 1998, and ending
on December 31, 2004. A Noncommercial Webcaster may elect to be subject to
these Rates and Terms, in their entirety, by complying with the procedure
set forth in Section 2 hereof.
(b) Relationship to Other Provisions. Subject to Section 7, any
Noncommercial Webcaster relying upon the statutory licenses set forth in
17 U.S.C. 112 and 114 under these Rates and Terms shall comply with the
requirements of 17 U.S.C. 112 and 114, these Rates and Terms and other
governing provisions established by the Copyright Office. Any terms
determined in accordance with 17 U.S.C. 112 and 114 and applicable to the
collection and distribution by SoundExchange of payments under 17 U.S.C.
112 and 114 from commercial eligible nonsubscription transmission services
(e.g. terms relating to distribution of royalties by SoundExchange,
deductions from distributions, unclaimed funds, possible designation of
successors to SoundExchange in the event of its dissolution, retention of
records, verification, and confidentiality of payment information) shall
apply to payments under these Rates and Terms except to the extent
inconsistent with these Rates and Terms.
(c) Relationship to Other Agreements. These Rates and Terms are without
prejudice to, and subject to, any voluntary agreements that a
Noncommercial Webcaster may have entered into with any sound recording
copyright owner. Should there be any voluntarily negotiated rates and
terms arrived at between copyright owners and webcasters that are adopted
by the Librarian of Congress during 2003 as rates and terms for eligible
nonsubscription transmission services following publication of such rates
and terms in the Federal Register pursuant to 37 C.F.R. Sec. 251.63(b),
any Noncommercial Webcaster that qualifies for such rates may, by written
notice to SoundExchange, elect, for 2004, to pay royalties under the rates
and terms adopted by the Librarian in lieu of the rates and terms
applicable hereunder; provided that if a Noncommercial Webcaster does so,
it shall at the time its first 2004 payment is due under the terms adopted
by the Librarian, pay any additional amount that would have been due under
the rates and terms adopted by the Librarian for the period beginning on
October 28, 1998, and ending on December 31, 2003, in excess of the
royalties previously paid by the Noncommercial Webcaster for that period
under these Rates and Terms.
(d) CARP Proceedings. A Noncommercial Webcaster that elects to be subject
to these Rates and Terms agrees that it has elected these terms in lieu of
participating in a copyright arbitration royalty panel ("CARP") proceeding
to set rates for the 2003-2004 period and in lieu of any different rates
and terms that may be determined through such a CARP proceeding. Thus,
once a Noncommercial Webcaster has elected these Rates and Terms, it shall
refrain from participating in any such CARP proceeding and can opt out of
these Rates and Terms only as provided in Section 1(c).
2. Election for Treatment as a Noncommercial Webcaster
(a) Election Process. A Noncommercial Webcaster that wishes to elect to be
subject to these Rates and Terms in lieu of any other royalty rates and
terms that otherwise might apply under 17 U.S.C. 112 and 114 for the
period beginning on October 28, 1998, and ending on December 31, 2004,
shall submit to SoundExchange a completed and signed election form
(available on the SoundExchange Web site at http://www.soundexchange.com)
by no later than the date 30 days after publication of these Rates and
Terms in the Federal Register. Notwithstanding the preceding sentence-
(1) if a Noncommercial Webcaster has not previously made digital audio
transmissions of sound recordings under the section 114 statutory license,
the Noncommercial Webcaster may make its election by no later than the
first date on which it would be obligated under these Rates and Terms to
make a royalty payment for the use of sound recordings under the section
112 or 114 statutory license; and
(2) an "NEE" (as defined in Section 9(d)) may make its election by no
later than October 15, 2003.
(b) Effect of Election or Nonelection. A Noncommercial Webcaster that
fails to make a timely election shall pay royalties as otherwise provided
under 17 U.S.C. 112 and 114 (the "Statutory Rate"). Subject to Section
1(c), if a Noncommercial Webcaster timely elects to be covered by these
Rates and Terms, the Noncommercial Webcaster shall thereafter be obligated
to pay royalties under and comply with the provisions of these Rates and
Terms through December 31, 2004, provided that such Noncommercial
Webcaster continues to meet the conditions for eligibility as a
Noncommercial Webcaster, as set forth in 17 U.S.C. 114(f)(5)(E)(i) (as
added by the Small Webcaster Settlement Act of 2002).
(c) Proof of Eligibility. A Noncommercial Webcaster that makes an election
pursuant to Section 2(a) shall make available to SoundExchange, within 30
days after SoundExchange's written request at any time during the 3 years
following such election, sufficient evidence to support its eligibility as
a Noncommercial Webcaster and, if applicable, as an NEE. Any proof of
eligibility provided hereunder shall be provided with a certification
signed by the chief executive officer of the Noncommercial Webcaster, or
other person with similar management authority over the Noncommercial
Webcaster, certifying that the information provided is accurate and the
person signing is authorized to act on behalf of the Noncommercial
Webcaster.
3. Minimum Annual Fees
(a) NEEs Transmitting a Single Channel. Except as provided in Section 3(c)
and subject to Section 4, each NEE shall pay nonrefundable minimum annual
fees as set forth below for all or any portion of a year in which it made
or makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a "Broadcaster Simulcast" (as
defined in Section 9(b)), an Internet-only transmission or otherwise):
(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);
(2) $250 for each of the years 2000 through 2003; and
(3) $500 for 2004, except in the case of an NEE that is, or is affiliated
with, an educational institution with fewer than 10,000 enrolled students,
in which case the minimum fee shall be $250.
(b) Other Noncommercial Webcasters Transmitting a Single Channel. Except
as provided in Section 3(c) and subject to Section 4, each Noncommercial
Webcaster that is not an NEE shall pay nonrefundable minimum annual fees
as set forth below for all or any portion of a year in which it made or
makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a Broadcaster Simulcast, an
Internet-only transmission or otherwise):
(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);
(2) $250 for 2000;
(3) $300 for 2001, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;
(4) $350 for 2002, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;
(5) $400 for 2003, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250; and
(6) $500 for 2004, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250.
(c) Noncommercial Webcasters Transmitting Multiple Channels.
Notwithstanding Section 3(a) or (b) as applicable, the nonrefundable
minimum annual fee shall be $500 for each year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)) for any Noncommercial
Webcaster that made or makes digital audio transmissions of sound
recordings on more than one channel or station of programming; provided
that -
(1) if the digital audio transmissions of sound recordings over any
channels or stations in excess of one consist only of "Incidental
Performances" (as defined in Section 9(f)), the nonrefundable minimum
annual fee shall be as provided in Section 3(a) or (b) as applicable;
(2) if substantially all of the programming of all of a Noncommercial
Webcaster's channels and stations is reasonably classified as news, talk,
sports or business programming, the minimum fee shall be $250;
(3) if a Noncommercial Webcaster that owns or operates multiple
over-the-air terrestrial AM or FM radio stations offers more than one
Internet channel or station on which substantially all of the programming
consists of Broadcaster Simulcasts, then -
(A) a nonrefundable minimum annual fee otherwise determined in accordance
with this Section 3(c) shall extend to only three such Internet channels
or stations offering Broadcaster Simulcasts, as well as associated
Internet-only channels (subject to Section 5);
(B) additional nonrefundable minimum annual fees shall be payable under
this Section 3(c) for additional groups of up to three Internet channels
or stations offering Broadcaster Simulcasts, as well as associated
Internet-only channels (subject to Section 5);
(C) each such group of up to three such Internet channels or stations, as
well as associated Internet-only channels (subject to Section 5), shall be
treated as a separate Noncommercial Webcaster for purposes of Sections
3(c)(2), 4 and 5;
(D) all such channels or stations offering Broadcaster Simulcasts in a
group shall be treated as a single channel or station for purposes of
Section 5;
(E) any additional channels or stations considered with the group for
purposes of Section 5 shall also be considered with the group for purposes
of Section 4; and
(F) accordingly, the Noncommercial Webcaster may offer two additional
Internet-only channels or stations with each group of up to three channels
or stations offering Broadcaster Simulcasts without triggering payments
under Section 5(b), but all of such channels or stations (up to a total of
five) shall be considered together for purposes of determining whether the
Noncommercial Webcaster exceeds the 146,000 Aggregate Tuning Hour
threshold in Section 4; and
(4) for purposes of determining the number of channels or stations of
programming offered by a Noncommercial Webcaster, an "archived program"
(as defined in 17 U.S.C. 114(j)(2)) that complies with the conditions in
17 U.S.C. 114(d)(2)(C)(iii)(I) and (II) shall not be considered a separate
channel or station of programming except in the case of a Noncommercial
Webcaster that exclusively makes digital audio transmissions of archived
programming.
(d) Payment in Lieu of Providing Reports of Use. All Noncommercial
Webcasters' payments of nonrefundable minimum annual fees for each of 2003
and 2004 shall be accompanied by an additional payment of $50 in 2003 and
$25 in 2004 in lieu of the provision of reports of use of sound
recordings, as described in Section 7.
4. Usage Fees for 2004
(a) In General. Subject to Section 5, the nonrefundable minimum annual fee
payable under Section 3 for 2004 shall constitute full payment for digital
audio transmissions totaling not more than 146,000 "Aggregate Tuning
Hours" (as defined in Section 9(a)) per month. If, in any month during
2004, a Noncommercial Webcaster makes digital audio transmissions of sound
recordings under the section 114 statutory license in excess of 146,000
Aggregate Tuning Hours, the Noncommercial Webcaster shall pay additional
royalties for those digital audio transmissions in excess of 146,000
Aggregate Tuning Hours at the following rates, subject to an election as
provided in Section 4(b):
(1) $0.0002176 (.02176˘) per "Performance" (as defined in Section 9(f));
or
(2) $.00251 (.251˘) per "Aggregate Tuning Hour," except in the case of
channels or stations where substantially all of the programming is
reasonably classified as news, talk, sports or business programming, in
which case the royalty rate shall be $.0002 (.02˘) per Aggregate Tuning
Hour.
For the avoidance of doubt, a Noncommercial Webcaster shall calculate its
Aggregate Tuning Hours of digital audio transmissions each month and shall
pay any additional royalties owed for such month as provided above in this
Section 4(a), but the Noncommercial Webcaster shall not owe any additional
royalties for any subsequent months until such time as the Noncommercial
Webcaster again exceeds the 146,000 Aggregate Tuning Hour threshold during
a given month.
(b) Election of Per Performance or Aggregate Tuning Hour Rate. The first
time a Noncommercial Webcaster is required to pay additional royalties
under Section 4(a), the Noncommercial Webcaster shall elect to pay based
on the per performance royalty set forth in Section 4(a)(1) or the
aggregate tuning hour royalty set forth in Section 4(a)(2) for all
additional royalties under Section 4(a) incurred during the remainder of
2004, if any. Thus, for example, a Noncommercial Webcaster may not in one
month when its digital audio transmissions exceed 146,000 Aggregate Tuning
Hours calculate its additional royalties based on the per performance
royalty and in another month when its digital audio transmissions exceed
146,000 Aggregate Tuning Hours calculate its additional royalties based on
the aggregate tuning hour royalty.
(c) Reporting. For 2004, each Noncommercial Webcaster making digital audio
transmissions in excess of 146,000 Aggregate Tuning Hours in any month
shall report its Aggregate Tuning Hours of digital audio transmissions to
SoundExchange in its monthly statement of account under Section 6(d). Each
Noncommercial Webcaster having a statutory license in 2004 and not making
digital audio transmissions in excess of 146,000 Aggregate Tuning Hours in
any month shall so certify in the statement of account accompanying its
first payment in 2005, if any.
5. Fees for More Than Three Channels of Programming
Subject to Section 3(c)(3), if in any year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)), a Noncommercial Webcaster
made or makes digital audio transmissions of sound recordings on more than
three channels or stations of programming, then -
(a) the Noncommercial Webcaster shall by written notice to SoundExchange
at the time of its first payment for the year or its inception of its
first channel or station in excess of three, whichever is later, designate
three channels or stations for which the nonrefundable minimum annual fee
payable under Section 3, and in 2004, any additional royalty payment under
Section 4, shall constitute full payment; and
(b) the Noncommercial Webcaster shall pay royalties for all its digital
audio transmissions of sound recordings under the section 114 statutory
license over its other channels and stations at the Statutory Rate for
digital audio transmissions made by commercial eligible nonsubscription
transmission services at such time, provided that -
(1) the Noncommercial Webcaster shall not be required to make any minimum
payment that otherwise applies to commercial eligible nonsubscription
transmission services;
(2) the nonrefundable minimum annual fee payable under Section 3 shall not
be creditable toward such payments for its other channels and stations;
(3) such payments for its other channels and stations shall be due at the
times provided in Section 6 (rather than any different times otherwise
applicable to commercial eligible nonsubscription transmission services),
except that if the Statutory Rate for digital audio transmissions made by
commercial eligible nonsubscription transmission services has not then
been determined, such payments for its other channels and stations shall
be due 45 days following the month in which the Statutory Rate is
determined; and
(4) the Noncommercial Webcaster shall comply with other terms relating to
royalty payments that otherwise apply to commercial eligible
nonsubscription transmission services (e.g. terms concerning any election
among payment options).
For the avoidance of doubt, by operation of Section 3(c)(3), when a
Noncommercial Webcaster that owns or operates multiple over-the-air
terrestrial AM or FM radio stations offers more than one Internet channel
or station on which substantially all of the programming consists of
Broadcaster Simulcasts: (i) such Broadcaster Simulcasts shall in no event
be subject to the Statutory Rate for digital audio transmissions made by
commercial eligible nonsubscription transmission services, and (ii) only
programming offered on Internet-only channels or stations in excess of two
that may be associated with a group of up to three channels or stations
offering Broadcaster Simulcasts may be subject to that Statutory Rate as
provided in this Section.
6. Payment of Royalties in General
(a) Timing of Minimum Payments. Payments of nonrefundable minimum annual
fees under Section 3 for the period beginning on October 28, 1998, and
ending on December 31, 2003, shall be due by October 15, 2003.
Nonrefundable minimum annual fees for 2004 shall be due by January 31,
2004. Notwithstanding the foregoing provisions of this Section 6(a), when
a Noncommercial Webcaster has not previously made digital audio
transmissions of sound recordings under the section 114 statutory license,
the Noncommercial Webcaster may make its first payment of nonrefundable
minimum annual fees within 45 days following the month in which the
Noncommercial Webcaster commences digital audio transmissions of sound
recordings under the section 114 statutory license.
(b) Timing of Other Payments. Any payments due under Section 4 or 5 shall
be due 45 days following the month in which the liability accrues.
(c) Credit. Any payments of section 112 or 114 statutory license royalties
made by a Noncommercial Webcaster to SoundExchange prior to its election
under Section 2 shall be creditable to the payments due under Sections 3
through 5 of these Rates and Terms.
(d) Remittance. Payments of all amounts due under these Rates and Terms
shall be made to SoundExchange and shall under no circumstances be
refundable. Payments shall be accompanied by a statement of account in the
form made available on the SoundExchange Web site located at
http://www.soundexchange.com.
(e) Ephemeral Recordings. The royalty payable under 17 U.S.C. 112(e) for
any reproduction of a phonorecord made during the period beginning on
October 28, 1998, and ending on December 31, 2004, and used solely by a
Noncommercial Webcaster to facilitate transmissions for which it pays
royalties as and when provided in these Rates and Terms shall be deemed to
be included within, and to comprise 8.8% percent of, the Noncommercial
Webcaster's royalty payments under these Rates and Terms.
(f) Continuing Obligation to Pay. If Statutory Rates and terms for
Noncommercial Webcasters for the period beginning January 1, 2005 have not
been established by December 31, 2004, then Noncommercial Webcasters shall
continue to make payments at the 2004 rates under these Rates and Terms
until such successor rates and terms are established. Such interim
royalties shall be subject to retroactive adjustment based on the final
successor rates. Any overpayment shall be fully creditable to future
payments, and any underpayment shall be paid within thirty days after
establishment of the successor rates and terms, except as may otherwise be
provided in the successor terms.
(g) Late Payments. A Noncommercial Webcaster shall pay a late fee of
0.75% per month, or the highest lawful rate, whichever is lower, for any
payment received by SoundExchange after the due date. Late fees shall
accrue from the due date until payment is received by SoundExchange.
7. Notice and Recordkeeping
(a) Data for Distributions. Noncommercial Webcasters electing these Rates
and Terms shall not be required to provide reports of use of sound
recordings for 2003 and 2004, even if the Librarian of Congress issues
regulations otherwise requiring such reports by Noncommercial Webcasters.
The payments required by Section 3(d) are intended to facilitate
SoundExchange's ability to collect or otherwise acquire substitute data on
which to base distributions to copyright owners and performers of payments
made by Noncommercial Webcasters, although SoundExchange shall be under no
obligation to spend such payments in any particular way or to collect or
otherwise acquire any particular data by any particular means.
SoundExchange may base its distributions to copyright owners and
performers of payments made by Noncommercial Webcasters on any data or
methodology determined by its board.
(b) Future Reporting. The Noncommercial Webcasters shall designate a task
force of not less than five members that shall be obligated to use
reasonable efforts to work with SoundExchange to determine data fields and
report formats and recommend policies, procedures and systems for the
delivery of electronic reports of use of sound recordings to SoundExchange
sufficient to permit SoundExchange, beginning in 2005, to distribute the
royalties paid by Noncommercial Webcasters to those copyright owners and
performers whose sound recordings are used by Noncommercial Webcasters
based on data reported by or on behalf of Noncommercial Webcasters. In the
absence of agreement among the Noncommercial Webcasters concerning the
membership of such task force, each Noncommercial Webcaster shall be
obligated to use reasonable efforts to do the foregoing.
8. Default
A Noncommercial Webcaster shall comply with all the requirements of these
Rates and Terms. If it fails to do so, SoundExchange may give written
notice to the Noncommercial Webcaster that, unless the breach is remedied
within thirty days from the date of notice and not repeated, the
Noncommercial Webcaster's authorization to make public performances and
ephemeral reproductions under these Rates and Terms will be automatically
terminated. Such termination renders any public performances and ephemeral
reproductions as to which the breach relates actionable as acts of
infringement under 17 U.S.C. 501 and fully subject to the remedies
provided by 17 U.S.C. 502-506 and 509.
9. Definitions
As used in these Rates and Terms, the following terms shall have the
following meanings:
(a) The term "Aggregate Tuning Hours" means the total hours of programming
that a Noncommercial Webcaster has transmitted during the relevant period
to all listeners within the United States over the relevant channels or
stations, and from any archived programs, that provide audio programming
consisting, in whole or in part, of eligible nonsubscription
transmissions, less the actual running time of any sound recordings for
which the Noncommercial Webcaster has obtained direct licenses apart from
17 U.S.C. 114(d)(2) or which do not require a license under United States
copyright law. By way of example, if a Noncommercial Webcaster transmitted
one hour of programming to 10 simultaneous listeners, the Noncommercial
Webcaster's Aggregate Tuning Hours would equal 10. If three minutes of
that hour consisted of transmission of a directly licensed recording, the
Noncommercial Webcaster's Aggregate Tuning Hours would equal 9 hours and
30 minutes. As an additional example, if one listener listened to a
Noncommercial Webcaster for 10 hours (and none of the recordings
transmitted during that time was directly licensed), the Noncommercial
Webcaster's Aggregate Tuning Hours would equal 10.
(b) A "Broadcaster Simulcast" is a simultaneous Internet transmission or
retransmission of an over-the-air terrestrial AM or FM radio broadcast,
including one with previously broadcast programming substituted for
programming for which requisite licenses or clearances to transmit over
the Internet have not been obtained and one with substitute
advertisements, where such Internet transmission or retransmission is made
by a Noncommercial Webcaster that owns or operates the over-the-air radio
station making the AM or FM broadcast.
(c) An "Incidental Performance" is a Performance that both:
(1) makes no more than incidental use of sound recordings including, but
not limited to, brief musical transitions in and out of commercials or
program segments, brief performances during news, talk, sports and
business programming, brief background performances during disk jockey
announcements, brief performances during commercials of sixty seconds or
less in duration, or brief performances during sporting or other public
events; and
(2) other than ambient music that is background at a public event, does
not contain an entire sound recording and does not feature a particular
sound recording of more than thirty seconds (as a sound recording used as
a theme song is featured).
(d) An "NEE" or "Noncommercial Educational Entity" is a Noncommercial
Webcaster that is directly operated by, or is affiliated with and
officially sanctioned by, and the digital audio transmission operations of
which are, during the course of the year, staffed substantially by
students enrolled at, a domestically accredited primary or secondary
school, college, university or other post-secondary degree-granting
educational institution, but that is not a "public broadcasting entity"
(as defined in 17 U.S.C. 118(g)) qualified to receive funding from the
Corporation for Public Broadcasting pursuant to the criteria set forth in
47 U.S.C. 396.
(e) The term "Noncommercial Webcaster" shall have the meaning given in 17
U