PERFORM Act Comes Back For An Encore

from the helping-hand dept

One of the better attempts by a legislator to give a helping hand to the RIAA and the recording industry was the PERFORM Act, introduced last year by a bipartisan partnership of Senators Dianne Feinstein and Lindsey Graham. A doozy of a piece of legislation, it would have required the use of DRM for all streaming audio, as well as forced satellite radio providers to pay a second licensing fee for the music they play because it could be streamed to a computer, and somebody might record it. It was part of a concerted effort by the RIAA to hamstring satellite radio companies, since it freaked out when they released products that could record music. The radio companies (and most reasonable observers) saw these products as akin to a VCR, which, of course, the Betamax case protects, so in addition to suing XM, the RIAA ran to Congress. The PERFORM Act didn’t go anywhere in the last session, so it’s hardly surprising to see Feinstein and Graham have basically reintroduced it in this session. The RIAA has hailed the bill, saying its introduction by “Sen. Feinstein and her colleagues should leave no doubt that policymakers continue to view parity among digital music services as a top priority.” Not to single out one party, since this is a bipartisan bad idea, but somehow I don’t remember “protecting the RIAA’s outdated business models” as one of the tenets of the Democrat’s “First 100 Hours” push. The head of the RIAA adds that satellite radio companies are ripping off musicians, once again trying to play the fairness card. Keep in mind, though, that this bill would increase the royalties paid to the RIAA-backed SoundExchange royalty clearinghouse — the group that conveniently can’t find a bunch of musicians to whom royalties are owed. And when it can’t find people to pay, guess who gets to keep the money.

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Comments on “PERFORM Act Comes Back For An Encore”

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misanthropic humanist says:

you poor bastards

Wow I really feel pity for anyone trying to do business in the USA against this background of corruption. What are you going to do? How are you going to rid yourselves of this menace?

There’s not much else to add. The proposal is so far beneath contempt it merits no analysis.

The rest of us in the free world will continue to disseminate the content we own in whatever way we see fit, and if you don’t like it you can block it.

“protecting the RIAA’s outdated business models”

The RIAA does not have a business model, It is not a business. By every reasonable definition it is a criminal extortion racket whos members should be arrested and the organisation dismantled.

IronChef says:

Let’s face it, this is just another example of how the RIAA is trying to control something outside of the realm of what it was originally created—


Your time is up. If you want to be a copyright clearinghouse, just say so. Join the digital age, and quit hiding behind the veil of your orginal intent.

ScytheNoire (profile) says:

stop the corporate mafia's

when is the RIAA and MPAA going to get sued because they are corporate mafia’s?
why aren’t the tech industries standing up against them and telling them to fuck off?
if the tech industry just stood up and told them to screw off, there is nothing the RIAA could do about it. is Congress going to go against the people, and pull off the market all tech devices that don’t have DRM.
i want to see tons of advertising on TV against DRM and the RIAA and MPAA like we see for cigarettes and all those other harmful things that we need to all fear. personally, i’m more scared of the government and corporate mafia’s than I am of cancer, cigarette’s, video games, or even guns.

Smoky Stover says:

Senators Dianne Feinstein and Lindsey Graham - Dum

This whole issue is dead – boxes selling for under $35 convert analog stereo / mono sound (the audio out cables) to MP3 or better. If digital; that’s ok too; but it goes to analog first – – – so says Buzz Analytics ) the Internet trend tracking people http://www.buzzanalytics,com ) at the CES this year.

The pathetic Dumbo crowd just does not understand technology or what goes on – – – if they did; then they might actually be dangerous.

Brad Eleven (profile) says:

@Iron Chef

Hey, where’d you find that definition|purpose|charter? I’d like to use it.

Of course I went right to, where I found this corpspeak:

RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

Disgusting. I do believe I’d vomit if I actually learned what these bottom-feeders define as “legitimate.”

Yet another example of how clueless and out of touch with reality the ultra-wealthy are. First it was a pattern, then a trend… now it’s a drumbeat that’s louder and louder every day.

What’s truly revolting is that this kind of foolishness isn’t limited to the recording industry–or to private industry in general.

Sam DeRenzis says:

The Future

It’s often said that artists and record labels are getting ripped off by people pirating content. The fact is these 2 money grubbers are largely responsible for their own mess. People no longer want to pay thousands of dollars for music cds, when all they truly desire is a single song. They don’t feel like paying is a responsibility because they’ve been taken advantage of and ripped off for so long themselves. Thus it comes that P2P is the wave of the future, and it will largely replace these outdated pathetic companies means of sales.

I don’t pirate anything, but because it’s illegal, not because it’s not cool or anything. I want to see the RIAA suffer, to see the bodies of their weak society fall into the shadows, and the MPAA along with it. We should easily sell nothing, things are to expensive.

Music Artists = Stupid people that think singing should make them money when in fact it’s not even a real job, it’s them getting on stage dancing and acting like trash, die artist scum! You’ll all soon be poor and live on the streets, we won’t pay for anything anymore, let alone your drug habits!

RIAA = Weak company with no morals or sense of honor, they to should be destroyed

MPAA = Pathetic, actors wanting more money for being seen, a dog can act but doesn’t make nearly what these drug infested things do, let’m burn!

Jim Coleman says:

Perform Act

The problem with Internet piracy of copyrighted material is huge. Now that technology is available to capture streaming audio files as digital downloads there is something like a billion songs a month that are illegally downloaded from the Internet. has sold over 25 million of the programs that allow you to copy streaming audio files in the past 18 months. There is a company in Santa Cruz, Califormnia called Media Rights Technologies (MRT) which has the answer. With the X1 technology from MRT, all downloads of streaming audio files can be eliminated. The Perform Act will require that MRT’s X1 technology be incorporated onto every web site that contains copyrighted material, audio and video.

Jim Coleman (user link) says:

the Perform Act

If you look at the Washington, D.C. newspaper called “The Hill” today you will see an article written by Richard Walter of UCLA’s legendary Master in Fine Arts in Screenwriting program endorsing the Perform Act and Media Rights Technologies (MRT) as the solution to the problem. The IFPI (International Federation of the Phonographic Industry) is about to sign a contract with MRT which will make them the global standard for Internet anti-piracy. Anybody with half a brain can see how huge this company is going to be. When the Perform Act passes it will become federal law for all webcasters who have content that is copyright protected to have a license from MRT.

Nick D (profile) says:

Hey Jim, if you take a look at this link you will see that Cory Doctorow, Senior Fellow of USC’s Annenberg Center for Communication opposes the Perform Act. So my expert cancels out your “expert”. The MRT software will be cracked in a matter of days after it is released.

I have written to senator Feinstein and she has replied. You can check it out here

Jim Coleman says:

the Perform Act

The Secure X1 technology has been present on MRT’s Internet music site,, for over 2 years. No one has been able to download or copy pne single song from their site. No one has cracked their technology and no one will. MRT has the solution which will make the Perform Act incredibly powerful once it is passed into law.

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