Last week, we noted that the DC Appeals court had rejected
a challenge to the Copyright Royalty Board's rates set for satellite radio. Michael Scott
notes that the same court has also rejected the challenge to webcasting rates
. Of course, this is mostly a moot discussion, because just days before the decision, SoundExchange and some big webcasters worked out a deal
-- though there are serious questions
about how reasonable these rates really are to webcasters. Still, this latest ruling once again highlights just how out of touch the Copyright Royalty Board is with reality. If the current negotiated rates threaten to put a lot of webcasters out of business, and the CRB's original rates were even higher, doesn't that suggest a pretty serious problem both with the CRB and with the appeals process? Separately, it looks like the court had no problem at all ignoring the constitutional questions
about the Copyright Royalty Board for a second time. It's as if no one wants to actually follow what the Constitution says...