Joementum II: The Smell of Fear

Please Joe. Just stop.

The rules are embedded in a copyright bill called the Platform Equality and Remedies for Rights Holders in Music Act, or Perform Act, which was reintroduced Thursday by Sens. Dianne Feinstein (D-Calif.), Lindsey Graham (R-S.C.), Joseph Biden (D-Del.) and Lamar Alexander (R-Tenn.). They have pitched the proposal, which first emerged in an earlier version last spring, as a means to level the playing field among "radio-like services" available via cable, satellite and the Internet.

By their description, that means requiring all such services to pay "fair market value" for the use of copyright music libraries. The bill's sponsors argue the existing regime must change because it applies different royalty rates, depending on what medium transmits the music.

But the measure goes further, taking aim at portable satellite radio devices, such as XM Satellite Radio's Inno player, that allow consumers to store copies of songs originally played on-air. The proposal says that all audio services--Webcasters included--would be obligated to implement "reasonably available and economically reasonable" copy-protection technology aimed at preventing "music theft" and restricting automatic recording.

"New radio services are allowing users to do more than simply listen to music," Feinstein said in a statement. "What was once a passive listening experience has turned into a forum where users can record, manipulate, collect and create personalized music libraries."