Published by Randall Krause on Wednesday, May 24, 2006 [Permalink] [Return to Top]
PERFORM Act Aims to Ban MP3 Streaming
There are many inherent flaws with the recently proposed PERFORM Act. Let us take the most obvious few, keeping in mind that there is no prohibition of streaming MP3 audio itself nor even a mandate to use any specific DRM technologies in this legislation.
First, I can't imagine the government endorsing what are all highly proprietary, commercialized technologies: Streaming DRM is currently only widely available as part of the "closed" Windows Media Audio and "closed" Real Audio formats -- both of which require a Microsoft Windows Media server or Real Media server.
Third, it is neither technologically nor economically feasible for hundreds of thousands of small Webcasters to switch to a proprietary format like Windows Media or Real Audio just to implement copy protection within their Webcasts. This would require MP3 Webcasters to re-encode entire libraries of music, which equates to millions upon millions of audio tracks. (To forego this step would introduce generational loss inherent in conversion from one compression format to another -- which defeats the purpose of switching to a supposedly "higher quality" Windows Media Audio or Real Audio formats in the first place).
Fourth, streaming MP3 is a universally accessible streaming media format, supported in virtually every popular desktop media player today -- even Internet radio friendly receivers. However a switch-over to DRM would force millions of listeners to download and install the latest version of Real Player and Windows Media Player or to purchase a device with a Windows Media Audio or Real Audio decoder chip just to listen to Internet Radio -- which only furthers Microsoft and Real's agenda at dominating the streaming media marketplace while reaping great rewards through expanded licensing of their proprietary compression technologies.
This scenario continues to look bleak: The Internet radio broadcasters will suffer. The Internet radio listeners will suffer. The Internet radio device manufacturers will suffer. The Internet radio application developers will suffer. Yet, ironically, both Microsoft and Real will prevail.
And all the while the recording industry continues to crack down on digital broadcasts, the 25-year old red-book CD standard remains entirely untainted by any clause in the Copyright Act stipulating digital content protection. Is CD-DA an open-standard, or is it perhaps becoming a double standard as well?
Perhaps the recording industry is not yet up with the times. Perhaps they don't see it fit to embrace a format that they know full well would increase their own costs of production -- but they don't mind increasing the costs of production of those who use their material. Perhaps it just makes better sense to restrict anything which the recording industry does not have direct and complete control so that they can maintain their anti-competitive advantage.
HD radio is taking a step forward while Internet radio is again taking another step back. It is just a matter of time before MP3 audio itself is outlawed and the fair-use rights of consumers are rendered obsolete.
I'd give it, say, two more years. Rest in peace.
Randall E. Krause
Executive Director
Small Webcaster Community Initiative
info@smallwebcaster.org
