SC Server providers outside of USA

[Sound Selecta]

Is there any relay server providers outside of the USA. Im on Streamguys right now and they're great but once this RIAA crap is finalized Im shit out of luck if I want to stream my current genere and need to find a SC provider outside of the USA.

Later
Arek
http://www.futureassassin.com

[Jay]

From what I understand they will go after you by where the owner lives and not where the server resides.

[Sound Selecta]

Hmm, I thought it was the other way and that they go after the server because it orignates from the USA. I dont think Streamguys would have much of a choice to shut someone down if RIAA stepped up to them.


Arek
http://www.futureassassin.com

[Shirow]

yeah, I would think it'd be the person streaming to the server rather than the server itself.

[Jay]

well we had this discussion at ConXis and it was quite clear, the reason being that they don't look at it from a server -> listener stand point they look at it from a service -> listener. this is why they wanted royalties from ShoutClub, because it was the service of giving them a link to a stream. The server itself is irrelevent.

[matthew8]

what about music that the big 5 record companies (who the RIAA reps) do not own the copyright to? Can they charge you for music they do not own???

[Jay]

well the statutory license is for all artists registered at the copyright office. If you work out a deal with an artist seperately then that deal takes presidence over the statutory license. Thats the way I understand it anyway. So if they aren't with the RIAA then you need to find out who they are with so you can work out a license with them.

[Waltzking]

Jay says: "From what I understand they will go after you by where the owner lives and not where the server resides."

This is very very interesting!!!

I am a Canadian living in Ottawa. So, if I use a US server such as Live365 to broadcast, I don't have to pay anybody??

By Canadian law (tariff 22 by the Copyright Board of Canada), it is the location of the server that matters, not where the broadcaster lives. According to the Canada Gazette, tariff 22, SOCAN collects the money, at 25 cents per listener per month, from the server operator/manager, who in turn charges the broadcaster. So, if I broadcast from a US server, SOCAN will not be able to collect money from me.

But to RIAA, it is where the broadcaster lives that matters, not the server. Now: I live in Ottawa, Canada, and therefore RIAA cannot collect from me beause it is outside US jurisdiction. (Anology: when I buy a Daimler-Chrysler mini-van in Canada, I paid sales tax to the Canadian Government, not to the US Government nor the German Government).

For US broadcasters using Canadian server, it will be double trouble - RIAA wants money from you since you lives in the USA, and SOCAN also wants money from you because you are using Canadian server.

That does not make sense. Any lawyers in this forum?

[matthew8]

I am not a lawyer, but if I lived in Canada, I would probably be talking to ISP's right now asking for mad bandwidth...setting up SHOUTcast servers. We still don't know for a fact how this is viewed by the copyright...or do we???

[Sound Selecta]

but if I lived in Canada, I would probably be talking to ISP's right now asking for mad bandwidth...setting up SHOUTcast servers.

Not financialy feasable in Canada fro a hobby webcaster. If there was to be a service like Streamguys in Canada it would coast a hell lot more then what you'd be paying to an US SC service provider.

The only thing I can hope for right now is that if Im broadcasting from Canada, RIAA keeps their legal actions away from my SC provider.

Ive also been told that if your a Canadian and play or feature 30% of Canadian content you are elligable for someking of grant. I've been told this by someone thats in the music scene here in Vancouver.

[Waltzking]

For your information, that 30% Canadian content rule was a brain child of the former late Prime Minister P.E.Trudeau and applies to ALL Canadian radio stations if they want to maintain their radio licence. Under this rule, a song is considered to be "Canadian" if any two of the following is a Canadian:

a) Composer (the one who wrote the tune) (eg., Gordon Lightfoot, Frank Mills, etc.)
b) Lyric writer (eg., Paul Anka)
c) Performer (ie, Celine Dion, Shannia Twain, the late Percy Faith, Canadian Brass, etc.)
d) Producer (ie, by a Canadian studio and manufactured by a Canadian Record company)

Each song is assigned a point system to assess its "Canadian-ness". Thus, Celine Dion singing "My Heart Will Go On" will be considered "half Canadian", Frank Sinatra singing "My Way" is also "half Canadian", Paul Anka singing his own songs such as "Diana" and the theme song from "the Longest Day" will be "fully Canadian", while "Yesterday" by the Beatles will be non-Canadian, and so on. After you have added all the points up, at the end of the day, 30% of what you broadcast MUST be Canadian.

During the sixties when Prime Minister Trudeau first made this rule (there was a Liberal Majority in Parliament), there weren't very many successful Canadian artists. Paul Anka, Percy Faith and Ann Murray were the only few that could "compete" with American artists. So, radio stations played the more popular American and British songs during "rush hour", and filled up the rest of the day with the less popular Canadian songs. This forced the Government to close the loop hole by requiring the songs to be played evenly through out the day.

Nowadays, this legislation is still in effect for Canadian broadcasters, but the requirements are fairly easy to meet. There are no lack of popular Canadian artists, from Celine Dion to Barenaked Ladies, to fill the "quota".

NOTE: Only traditional stations have to follow this rule, Canadian internet radio stations are exempted from it.

Thus, American Congress is not the only legislative body in the World to pass ridiculous laws, Canadian Parliament does that too.

[boblegenie]

French parliament has also passed a ridicoulous law for radio station to pass 40% of french language song...

[matthew8]

Jay from radio toolbox (or anyone else who knows) if they (the carp or riaa) look at it from a service> listener standpoint, what if the service who provides the link or bandwidth is outside the United States?

[Shirow]

I'm sure any opportunity they get to fuck you over for $10, they'll do it.

I'm just going to wait and see what they announce.

[Jay]

the way I understand it, is that it is based on where you reside, so if you live in Canada then you have to abide by the laws there. Remember we are talking about your actual website and the actual owner and not the streaming server.

As for them going after the source rather then the server this is something that was brought up at ConXis and it was mentioned that regardless of where the servers are they will go after you if the source or even the owner resides in the US. Whether that is true or not will take a few test cases.

I am not a lawyer though so you might want to consult a copyright lawyer that is well versed in the DMCA.

[Screamer]

need a german translation for shoutcast please mail on badgamer@web.de