The Infinite Dial

Business week reported yesterday the decision that really isn't a decision--SoundExchange will not (yet) collect all those royalty fees tomorrow. This doesn't mean they aren't due, of course, but it does signal at least a willingness to engage webcasters on a more constructive level.

As I mentioned in the BusinessWeek article, there are plenty of webcasters (notably Live365, which may have the most to lose) that were going to keep broadcasting no matter what. After the events of yesterday, others may choose to hang in there as well (which is why I was saddened to read in Jaye Albright's blog that TwangTownUSA has decided to go dark--hang in there, Twangers!)

Still, despite SoundExchange's "commitment" (i.e., not an "agreement" or "legally binding decision") to allow webcasters to keep streaming during this process, significant uncertainty still remains (Kurt Hanson puts the SaveNetRadio.org 'countdown clock' at "2 days and holding.") For my part, as someone who has been involved with streaming audio since the late 90's, I would almost like to see this go to court--not the circuit courts or panels of copyright judges where this issue has primarily been contended, but a good ole' civil suit (potentially with a jury full of music lovers). That might be the most riveting trial on Court TV since O.J.