EFF warn about new restrictions in ‘PERFORM’ Act

June 2006

Radio, television, internet

The Electronic Frontiers Foundation (EFF) reports that Senators Feinstein (D) and Graham (R) have introduced S. 2644, dubbed the PEFFORM Act, that is aimed at punishing satellite radio for offering its subscribers devices capable of recording off the air. However the EFF point out that ]buried in the bill is a provision that would effectively require music webcasters to use DRM-laden streaming formats, rather than the MP3 streaming Today, webcasters that want to transmit major label music are entitled to do so under a statutory license (administered by SoundExchange) set out in section 114(d) of the Copyright Act. So long as they follow the rules and pay a royalty, webcasters can play whatever music they like, using whatever streaming format they like. Under the current law, webcasters are forbidden from helping their listeners record the webcasts, and are required to use DRM only if the format includes DRM. The new law would make the use of DRM technology obligatory for all webcasters.


See also the Billboard article by Susan ButlerLicensing Battle over Convergence, at:
And see the story about the RIAA’s action against radio station Xm: 

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