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Oh, look, it's been about five minutes I've been on Twitter, let's see, uh, listening

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to the DSC 592.

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Now, let's watch a pop-up on Twitter vision.

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With $16 million worth of airplane strapped to my ass,

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then the next generation radio content in my ears.

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I like to think I'm flying into the future.

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[ Music ]

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I can't live without you, I can't live without you

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I can't live without you, I can't live without you

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Creative control, down on that

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My head, free brothers from Melbourne, Australia

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Podsafe, brand new on the Podsafe music network

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I can't get you out of my head

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Everybody, how you doing?

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It is the daily source code at per person

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Number 592 coming to you from the curry manner

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in Guilford and Surrey in the United Kingdom.

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I did it.

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I did what I set out to do this morning.

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Remember yesterday I said that if the weather was just as nice

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as yesterday, I was going to go flying solo, I've done it.

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Now, let me just say a couple of things.

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First of all, the weather today, once again, beautiful.

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The weather report had Cavoke, that's C-A-V-O-K,

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Charlie Elf of Victor Oscar Kilo, which whenever you see that,

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what does that actually stand for?

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I think civil aviation, okay, something like that.

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It basically Cavoke means it's perfectly fine to go flying.

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Now, a small caveat, the wind's about 15 knots,

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gusting to 25 knots, so that's about 30 miles an hour.

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And it's coming from 090, so basically a cross-wind gusting cross-wind.

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Now, when you're landing, and you have wind from the side,

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you've got to kind of steer into the wind.

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So basically, you're coming in sideways, and at the very,

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well, not the very light, but almost at the last minute,

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you're going to turn the aircraft onto the center line,

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and you're going to basically land.

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Of course, if it's gusting, it's a little more challenging

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because it's not a consistent wind.

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Now, I knew this was going to happen.

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And pilots who were listening will know this feeling.

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You know, you've got this, you're anxious.

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I have the last 10 flights I've done.

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I have not done solo that been with a safety pilot.

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I've been pretty much from here to Rotterdam.

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I haven't really done any a lot of solo flying.

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So you're always like, OK, you know, there's now

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there's no one to save my ass if I mess it up.

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So right after I dropped Christina off at school,

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went over to Echo Golf, Tango Fox Trot, Ferrox Airfield.

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And the wind had picked up a little bit,

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and he had to wheel out the aircraft, so I had my nice English breakfast.

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By the way, I really understand the English breakfast.

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The full English, I get it.

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I love it.

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And you need that when you're going to go flying.

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Now you need to be really completely ready and revved up.

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So you know, and for those of you who aren't pilots,

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remember when you first had your driver's license,

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and you got the car for the first time,

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you're going to go out and drive around by yourself.

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That kind of feeling is basically what it is.

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And it was warm today, so it was like 22 degrees centigrade.

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So needless to say, I had a very sweaty ass.

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But it went fine, I did five or six circuits.

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One or two had a little bounce there, but that's

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to be expected with the gusting wind.

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And of course, I'm much lighter than typical since it was just me,

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in the front of the aircraft.

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But it feels like it's a victory.

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It really, really feels good.

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Hey, special reminder to May is National Master Basin Month.

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Hold on, there's a link for this.

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Let me see, counter punch, where is it?

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Here we go.

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Oh, boy.

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May is National Master Basin Month,

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having been so declared by the erotically aware,

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Jill of Gells, at good vibrations,

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and the Godmother of Master Basin herself, Dr. Betty Dodson.

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That's true, Dr. Betty Dodson is indeed the Godfather

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of female Master Basin.

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Why bother to have a National Master Basin Month?

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Well, since just about everybody plays sexual soletarily,

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sometimes, is virtually the nations

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and the world's most preferred leisure past time.

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I will leave this link on the show notes

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so you can take a look at that at yourself.

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But I do suggest, I do suggest that we all honor

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this fantastic month of May.

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Hey, and I'm Frank McMahon here, producer of

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Bunch of Show's Rumor Girls, Meteor to Secrets,

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and yes, show girls, just listen to DSC 8591.

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You're talking about show girls.

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And we were discussing the file size,

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little in it, I'll take the blame.

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I brought it up, I was actually discussing it.

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And actually, I've been trying to get it raised for a while now,

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and that because I'm, you know, megabyte hungry.

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But, you know, we're doing a lot of video stuff

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and, you know, really coming up against the limit,

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just to put things in perspective.

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The 200 megabyte limit was set around the age of 320

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by 240 iPod video format.

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You could actually do a pretty long show at that res.

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Then the standard for iPod video,

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jumped to 648 times 480.

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Now with Apple TV, the res is up again.

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This time 960 times 540 for white screen Apple TV format.

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Again, this is only in the past year.

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This has happened.

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So you're seeing web video that's higher res

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than iPod video that's much higher res

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and now new devices like Apple TV.

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So for example, we now do a new show called Rumor Girls HD,

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which is a version of our show that plays in high res and stuff.

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Now, the iPod version of a recent episode

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is 69 megabytes.

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That same exact show in Apple TV format is 170 megabytes.

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Now, that's only for a show that's about five minutes long.

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We've actually been compensating by limiting our shows

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now to about six minutes, the video shows.

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So any longer than that, we're over 200 megabytes easily

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with the high res Apple TV format.

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So hence why the larger size is better.

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And as for the girls complaining,

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well, they're pretty proactive girls,

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and they get feisty.

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So you've listened to the show.

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So you know what I'm talking about.

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And we've actually been ramping up show girls

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a lot in the past several months with share, KFC,

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and GB Kelly Lewis, soccer girl, and Karen and Carla.

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And we're really getting into the group.

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We're having a lot of fun.

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So we hope your listeners will check it out.

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Go to showgirls.pachow.com.

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And Adam just wanted to wrap up and say,

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Pachow has helped us tremendously.

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Especially with room of girls in the past year.

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I mean, the storage is really just the beginning for us.

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I mean, you've helped in promotion and marketing.

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And of course, sponsors.

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You've allowed us to run this empire as a business.

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So thanks for that.

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And thanks for upping the limit.

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We just want to be ready for the future.

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So anyway, thanks Adam.

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Take care.

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And I really appreciate it.

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Of course, we're not entirely perfect.

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OK, so we'll be next Monday when listeners will be invited

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to help Pachow suck less.

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I just want to say one thing about the video upload.

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What you will see in a forthcoming generation

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of the Pachow network is automatic transcoding

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from your uploaded files into flash.

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So you'll have your feed with your original source material,

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which would be MP4 or MP3.

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And all the rest immediately is transcoded to flash.

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And you'll have a module to put that on your show site.

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So hey, hey, hey, hey, hey, hey, we're listening.

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We want to suck less.

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Help us suck less.

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Help us suck less.

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Pachow needs you to help us suck less.

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Help us suck less.

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[ Music ]

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1, 1, 2, 1, 6, 5, 6, 3, 5, 7.

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Hello, I'm Mrs. Chow.

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Hello, DSC listeners.

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I haven't been listening for a while.

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I haven't been phoneian for longer.

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But back, you're not in the big number.

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Oh, oh, oh, oh, oh, oh, oh, oh, oh.

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It's chars the drunk in London, or any of those

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silver and his bag got leaked my notebook uh just like me I've got

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moleskin sort of no pad notebook that is analog notebook I lost my digital

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camera I lost my ipod and uh are are the bits and pieces I like it does

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mean that I now without an ipod means I don't really get a chance to listen to the

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VAT which is a real bugger I have to wait until I've got a bit more money and

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I can replace the thing oh well how you guys will okay and it means on

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oh Charles I feel completely shitty for you man that how it you feel so

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violated when someone steals something from you don't you gosh that sucks I'll

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tell you what email me an address my friend and I will send you the the red

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ipod I got from Virgin Atlantic so at least you'll have something to listen

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to the Charlie to and you know it's like you definitely deserve that because

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you've been such a you know it's such a consistent fine drunken

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Londoner

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I got to move things along because we have a yet another savant from the

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circle standing by to talk to us about a topic that's on everyone's mind has

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been discussed in the blog blogosphere throughout the past week or two and this

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all stemmed from a posting on a daily cause about the sound exchange license

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for web radio for streaming radio and of course there's already controversy

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or should I say controversy about the pronunciation of daily cause.

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They had them don't play this oh we never mind you never do anyway listen just

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point of note it's daily codes and it codes apparently is like this guy's

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nickname out of democracy I think it's a guys real name so now it turns out

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it hurts my codes so therefore I think it's still a team that's what Mark is

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Marcos and daily codes daily codes is just the guy's name.

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See ya.

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The savant specials.

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Okay it's time for our savant from our series of the circle of savants

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by the Sultan of Sitzavans.

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So I think I'm going to be able to get at least one savant in episode

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there's a fast forward button on there for a reason.

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And I hope to be able to talk to savant every single day.

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So I'm on.

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And by the way I want you to know that this format change doesn't mean that I don't

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student want to make it pictures make it pictures.

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I'm the southern of Sitzavans savants.

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From the circle of savants now and as you know the people that we hired pod show

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I hope there's savants comic strip blogger might disagree.

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But certainly Brian longest who has been with us since the inception

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conception of pod show.

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Brian what the hell is your title?

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You know I don't give a shit about titles.

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What is the EVP of operations and stuff?

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Yeah the operation of stuff.

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Covered quite a bit.

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Whatever fall through the cracks lands on my desk.

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So Brian is very interesting guy because not only has he been CEO of his own company

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at least one that I know of.

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He holds a degree in law and a degree in computer science.

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And what did you that's right correct.

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Does it look from a real school Brian?

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Cool yeah.

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Actually from George Mason both law and undergraduate comes to computer science.

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And I practice with the patent attorney as well.

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Obviously just every day attorney.

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Okay so patent.

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So not a copyright attorney per se with a patent attorney which is.

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Well here's a thing about law.

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You know you in the US you pass the bar for each state.

235
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And then you can practice any law you want other than patent law.

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Then you have to take a specific exam to pass the patent bar exam.

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So everyone can say yeah I'm a copyright attorney or trademark attorney etc.

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But only those that pass a particular exam they're a patent attorney.

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So I did focus on patent copyright trademark trade secret.

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Mainly related to software internet and that sort of thing because I was my background.

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So when you when you mentioned this to chicks get all hot bothered when you say you're a patent attorney.

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Does that work?

243
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Does it turn them on?

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Oh of course.

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Now I just want to point out why that was my selling good look.

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Oh.

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Potshow has not to my knowledge actually filed any patents.

248
00:15:45,240 --> 00:15:47,240
Has it have we filed patents?

249
00:15:47,240 --> 00:15:49,240
No we haven't yet.

250
00:15:49,240 --> 00:15:50,240
We haven't yet.

251
00:15:50,240 --> 00:15:51,240
We haven't yet.

252
00:15:51,240 --> 00:15:54,240
It's considered evil Brian you're not supposed to file any patents.

253
00:15:54,240 --> 00:15:55,240
That's wrong.

254
00:15:55,240 --> 00:15:56,240
You can't do that.

255
00:15:57,240 --> 00:16:00,240
No no you know why we want to do it because we want to make everything we're doing public.

256
00:16:00,240 --> 00:16:01,240
So others can build upon it.

257
00:16:01,240 --> 00:16:02,240
Right?

258
00:16:02,240 --> 00:16:03,240
Make a better world.

259
00:16:03,240 --> 00:16:04,240
That's the patent system.

260
00:16:04,240 --> 00:16:06,240
Oh man you are such a lawyer.

261
00:16:06,240 --> 00:16:07,240
Oh my god.

262
00:16:07,240 --> 00:16:08,240
Oh wow.

263
00:16:08,240 --> 00:16:10,240
Anyway.

264
00:16:10,240 --> 00:16:15,240
Well we we didn't hire Brian necessarily for his talent in law.

265
00:16:15,240 --> 00:16:20,240
Although it has come in very very handy in a lot of stuff certainly in the start-up phase.

266
00:16:20,240 --> 00:16:25,240
It was fantastic to have your wealth and breadth of knowledge amongst us.

267
00:16:25,240 --> 00:16:28,240
Now you work you operate.

268
00:16:28,240 --> 00:16:29,240
What do you do Brian?

269
00:16:29,240 --> 00:16:31,240
What do I do here at Potshow?

270
00:16:31,240 --> 00:16:32,240
Yeah.

271
00:16:32,240 --> 00:16:34,240
What do you do at Potshow?

272
00:16:34,240 --> 00:16:35,240
Oh boy.

273
00:16:35,240 --> 00:16:36,240
So we handle let's see.

274
00:16:36,240 --> 00:16:38,240
In operations business operations if you will.

275
00:16:38,240 --> 00:16:39,240
We handle that.

276
00:16:39,240 --> 00:16:42,240
And you know anything that comes in legal lives and we've got many different.

277
00:16:42,240 --> 00:16:45,240
Count different individuals will work with us depending upon it's copyright or

278
00:16:45,240 --> 00:16:47,240
corporate or what it may be.

279
00:16:47,240 --> 00:16:54,240
HR facilities the office office IT customer support and then network operations which is different.

280
00:16:54,240 --> 00:16:59,240
And that's handling our campaign management and then to fail to come through and make

281
00:16:59,240 --> 00:17:01,240
it sure we keep everyone happy and running.

282
00:17:01,240 --> 00:17:04,240
And then everything else that comes in there working with talent relations etc.

283
00:17:04,240 --> 00:17:09,240
So are you also responsible for like the coffee machine?

284
00:17:09,240 --> 00:17:10,240
Yeah.

285
00:17:10,240 --> 00:17:15,240
Ultimately actually ultimately I think it responsible for anything that goes wrong.

286
00:17:15,240 --> 00:17:16,240
That's right.

287
00:17:16,240 --> 00:17:17,240
That's right.

288
00:17:17,240 --> 00:17:18,240
Brian.

289
00:17:18,240 --> 00:17:19,240
Exactly.

290
00:17:19,240 --> 00:17:21,240
So this is the main right.

291
00:17:21,240 --> 00:17:22,240
Yeah.

292
00:17:22,240 --> 00:17:23,240
Yeah.

293
00:17:23,240 --> 00:17:25,240
You never get invited to the parties.

294
00:17:25,240 --> 00:17:26,240
No.

295
00:17:26,240 --> 00:17:27,240
No.

296
00:17:27,240 --> 00:17:28,240
For the crap when someone peeps in the toilet.

297
00:17:28,240 --> 00:17:29,240
Right.

298
00:17:29,240 --> 00:17:30,240
Exactly.

299
00:17:30,240 --> 00:17:32,240
All kidding aside Brian.

300
00:17:32,240 --> 00:17:37,240
There are two people that I reached out to regarding this web radio sound exchange.

301
00:17:37,240 --> 00:17:39,240
Statutory compulsory license.

302
00:17:39,240 --> 00:17:45,240
One of them is the official musicologist of the Charlie Sir Jersey Todd.

303
00:17:45,240 --> 00:17:48,240
He's a workers compensation attorney.

304
00:17:48,240 --> 00:17:52,240
So he said that he would have to pass on it because he was absolutely no good.

305
00:17:52,240 --> 00:17:57,240
He did however point out that you know that earlobe infection I got.

306
00:17:57,240 --> 00:18:00,240
He said I could probably get about five grand.

307
00:18:00,240 --> 00:18:01,240
Really?

308
00:18:01,240 --> 00:18:04,240
He's going to find like one thousand other people like you and put it together.

309
00:18:04,240 --> 00:18:05,240
I don't know.

310
00:18:05,240 --> 00:18:08,240
I'm getting what it would have been showing the company or who do we sue them.

311
00:18:08,240 --> 00:18:09,240
Yeah.

312
00:18:09,240 --> 00:18:10,240
I don't know how to handle it.

313
00:18:10,240 --> 00:18:11,240
I'll find out.

314
00:18:11,240 --> 00:18:12,240
Don't worry.

315
00:18:12,240 --> 00:18:13,240
I'll let you know.

316
00:18:13,240 --> 00:18:14,240
Sounds like easy money to me.

317
00:18:14,240 --> 00:18:15,240
Sounds like gasp.

318
00:18:15,240 --> 00:18:16,240
Yeah.

319
00:18:16,240 --> 00:18:21,240
So you studied the links that I sent you and of course you've been involved in internal conversations about this.

320
00:18:21,240 --> 00:18:23,240
Tell me what's your take on it?

321
00:18:23,240 --> 00:18:25,240
Well I think it's interesting.

322
00:18:25,240 --> 00:18:28,240
Let me I'm a practice full time for quite a while.

323
00:18:28,240 --> 00:18:31,240
So let me give you the background of just copyright law in general.

324
00:18:31,240 --> 00:18:36,240
And then you can kind of see why they got to where they are right now and why they're having these issues.

325
00:18:36,240 --> 00:18:43,240
You know, copyright law in August was around 76 when they said okay everyone who has a they will have a bundle of rights.

326
00:18:43,240 --> 00:18:46,240
So your copyright have a bundle of rights things that you can do.

327
00:18:46,240 --> 00:18:52,240
And then as time goes on like anything else is kind of throw stuff underneath there because they don't know where else to put it.

328
00:18:52,240 --> 00:18:56,240
So then came in 1995 I believe it was a digital performance right.

329
00:18:56,240 --> 00:19:02,240
And they essentially said well they're going to add a new right to this bundle of rights.

330
00:19:02,240 --> 00:19:05,240
And if you want to look it up at 17 USC it's 106.

331
00:19:05,240 --> 00:19:08,240
So I did a new right right number six.

332
00:19:08,240 --> 00:19:16,240
So these bundle of rights that consisted of things like rights to play on the radio rights to cells.

333
00:19:16,240 --> 00:19:18,240
Am I doing that?

334
00:19:18,240 --> 00:19:21,240
Well sort of mainly it's a little broader than that.

335
00:19:21,240 --> 00:19:25,240
Like friends and the right to reproduce the copyright work to what one.

336
00:19:25,240 --> 00:19:27,240
One that everyone always talks about it created derivative work.

337
00:19:27,240 --> 00:19:30,240
You always hear them talk about that distributed copies.

338
00:19:30,240 --> 00:19:35,240
And so that's six the right that they added with specific to the digital audio transmission.

339
00:19:35,240 --> 00:19:42,240
So that's in other words they're saying you copyright holder have the right to perform this.

340
00:19:42,240 --> 00:19:45,240
And well not perform it.

341
00:19:45,240 --> 00:19:48,240
But put it out you know digital audio transmission is what they do.

342
00:19:48,240 --> 00:19:53,240
To allow someone else to feed it through a digital audio transmission I presume.

343
00:19:53,240 --> 00:19:56,240
Well yeah so in other words you get to retain that right.

344
00:19:56,240 --> 00:19:58,240
We're giving that to you the copyright.

345
00:19:58,240 --> 00:20:02,240
And then that and then what comes along they say however.

346
00:20:02,240 --> 00:20:05,240
This is what they call the you know the performance right.

347
00:20:05,240 --> 00:20:07,240
They created a statutory license.

348
00:20:07,240 --> 00:20:13,240
And they who is they Brian who is they who creates it when you say they created who's that.

349
00:20:13,240 --> 00:20:18,240
Gee well it goes back to let's see it always works with white up bill and then.

350
00:20:18,240 --> 00:20:22,240
So it's like U.S. laws like it's like federal law.

351
00:20:22,240 --> 00:20:26,240
Yeah essentially I mean they put it into the code itself.

352
00:20:26,240 --> 00:20:30,240
So that's when they say it's you know they put it into the statute.

353
00:20:30,240 --> 00:20:34,240
And then essentially what's nice is that that's the way you want it.

354
00:20:34,240 --> 00:20:37,240
You want the copyright holder to be able to do whatever they want.

355
00:20:37,240 --> 00:20:41,240
But they said okay under the digital millennium copyright act that was in 98.

356
00:20:41,240 --> 00:20:44,240
They came up with webcasting because no one knew what to do with that.

357
00:20:44,240 --> 00:20:47,240
So they said well we created this new right.

358
00:20:47,240 --> 00:20:49,240
Let's stick webcasting under there.

359
00:20:49,240 --> 00:20:54,240
Okay okay okay hold on a second so that right initially okay I've read up on the material as well.

360
00:20:55,240 --> 00:21:01,240
My friend and as you know I I practice law my spare time here in the county of a jury.

361
00:21:01,240 --> 00:21:08,240
And so those rights that that right initially underneath it was satellite radio.

362
00:21:08,240 --> 00:21:13,240
Cable music services I believe and was there a third one that I missed.

363
00:21:13,240 --> 00:21:19,240
There was something else I'd have to look it out maybe subscribe was music subscription services under that.

364
00:21:19,240 --> 00:21:22,240
Well that's where that's where it gets interesting.

365
00:21:22,240 --> 00:21:26,240
For subscription and non subscription there's also interactive or non interactive.

366
00:21:26,240 --> 00:21:30,240
So what the hell is that what the hell is interactive and non interactive.

367
00:21:30,240 --> 00:21:32,240
I saw that.

368
00:21:32,240 --> 00:21:37,240
Yeah interactive is just let's say you were to look online and say I want to hear that song now you click it and you start to hear that song.

369
00:21:37,240 --> 00:21:45,240
They can sort of that interactive and then to define it they say well anything played within I believe it's over an hour of when it was actually.

370
00:21:45,240 --> 00:21:47,240
Um requested.

371
00:21:47,240 --> 00:21:51,240
If it's within that hour then it's interactive if it's not then it's the non interactive.

372
00:21:51,240 --> 00:22:00,240
So if you put it if you publish a program guide and it says okay at at at at 815 tonight you'll be able to listen to the Beatles help.

373
00:22:00,240 --> 00:22:03,240
It would be good to interact actually.

374
00:22:03,240 --> 00:22:05,240
It's a little more of you actually.

375
00:22:05,240 --> 00:22:10,240
Um requesting something like almost like playing a movie on part request.

376
00:22:10,240 --> 00:22:11,240
Okay I got it.

377
00:22:11,240 --> 00:22:19,240
So so what they decide to do would say well you know what the we're going to leave a right with you to copyright holder unless it's non interactive.

378
00:22:19,240 --> 00:22:23,240
So then they apply the statutory licensing.

379
00:22:23,240 --> 00:22:31,240
And essentially what they're I mean usually what you hear most people say and I'm sure you have colors they'll tell me I'm wrong but usually what they'll say is well why you want to do this.

380
00:22:31,240 --> 00:22:35,240
You want to do this because there's a lot of copyright holders out there you can't find them.

381
00:22:35,240 --> 00:22:45,240
So this business would never you know I'm really aware of webcast anything if they had to go out and individually find everybody unless they have particularly a pretty clear degree with that so that's where they came up with well.

382
00:22:45,240 --> 00:22:50,240
Okay now we're going to collect create a uh copyright like a collection agency that's the sound.

383
00:22:50,240 --> 00:22:52,240
Sound exchange.

384
00:22:52,240 --> 00:22:59,240
Now let them let them figure it out let um the webcasters pay them and then let them figure out how to find all these people.

385
00:22:59,240 --> 00:23:01,240
So kind of make this intermediary.

386
00:23:01,240 --> 00:23:09,240
But that intermediary turns out to be the actual owners of all this copyright because in most cases it's the it's the the big record label.

387
00:23:09,240 --> 00:23:14,240
So the kind of saying you guys who own it you go and collected that's correct.

388
00:23:14,240 --> 00:23:19,240
Yeah sort of they're telling what they say is the sound exchange they say you can go collect it.

389
00:23:19,240 --> 00:23:24,240
And it's it's pretty funny here here's an analogy because all I deal with is my my kids when I'm home.

390
00:23:24,240 --> 00:23:29,240
The analogy is you know my my two little boys one of them says hey dad I want to go to one's toy.

391
00:23:29,240 --> 00:23:31,240
So I take it and I give it to them.

392
00:23:31,240 --> 00:23:38,240
But this analogy is where they they see that there's a house down the street and they can look in the window and they see the toy and they know the boy's name is Joe.

393
00:23:38,240 --> 00:23:41,240
But they've never been to boy and they say dad go give me that toy.

394
00:23:41,240 --> 00:23:48,240
Okay well I go in I break in I take the toy Joe the little kid doesn't know I took it and I give it to my kids and they say okay.

395
00:23:48,240 --> 00:23:51,240
I said well you know shouldn't we let Joe know we've got it like well.

396
00:23:51,240 --> 00:23:59,240
Let's put Joe's name on a list and pack it to the back of our house and if Joe ever comes by and happens to go over our fence and look at the back of our house.

397
00:23:59,240 --> 00:24:06,240
We'll have put five cents in you know every time we take one of his toys if he looks them then we'll get five cents because he found the list.

398
00:24:06,240 --> 00:24:15,240
So that's exactly what's our exchange done go to their site and you can find a list of all these artists that they're saying hey guys you need to come to us and collect your money.

399
00:24:15,240 --> 00:24:20,240
They don't proactively go out and find these people and after three years they get to keep all the money.

400
00:24:20,240 --> 00:24:22,240
Oh really if you haven't.

401
00:24:22,240 --> 00:24:26,240
Yeah so basically it's really interesting the way they set it up.

402
00:24:26,240 --> 00:24:31,240
I mean theoretically I think there might be you know on the right track honestly I don't have a solution myself.

403
00:24:31,240 --> 00:24:34,240
So you know if you don't have your own solution usually you need to shut up.

404
00:24:34,240 --> 00:24:38,240
But in this case I don't think they've done they've gone far enough.

405
00:24:38,240 --> 00:24:45,240
So why the big record agency they're always record agency's always talked about because well they have a deal with the sound exchange.

406
00:24:45,240 --> 00:24:48,240
They know they're doing this they pay attention and they go and ask for their money.

407
00:24:48,240 --> 00:24:59,240
Well sound exchange is the is the record companies Brian sound exchange is Warner and Universal so you know they know exactly that it's their stuff that's being played.

408
00:24:59,240 --> 00:25:03,240
They know how to find the owner because it's them.

409
00:25:03,240 --> 00:25:06,240
Right in the in the little guy if you will you know the independent artists.

410
00:25:06,240 --> 00:25:11,240
Well no one's looking out for them really this was supposed to be something that would help them.

411
00:25:11,240 --> 00:25:15,240
And that's them who knows if it really is because unless you're going to go seek it out.

412
00:25:15,240 --> 00:25:20,240
So here's what's what's become here's what is very interesting to me.

413
00:25:20,240 --> 00:25:30,240
So I understand that if you create a so if you put us if you make a song you make an MP3 out of it you put it up on the internet.

414
00:25:30,240 --> 00:25:37,240
And you license it under creative commons creative commons attribution let me do not.

415
00:25:37,240 --> 00:25:39,240
Yeah creative commons attribution.

416
00:25:40,240 --> 00:25:43,240
It is there by.

417
00:25:43,240 --> 00:25:49,240
I believe that the copyright holder has said okay look as as long as people.

418
00:25:49,240 --> 00:25:57,240
I mentioned my name or say with the song came from it's kind of okay to put it on your your your non interactive service.

419
00:25:57,240 --> 00:26:06,240
At the same time it appears and this is what the reporting this is really the nucleus of the story of course it appears that sound exchange.

420
00:26:06,240 --> 00:26:09,240
Will be able to.

421
00:26:09,240 --> 00:26:17,240
Collect a fee based upon the number of people who heard that song on said web stream or web streams.

422
00:26:17,240 --> 00:26:25,240
Right that that's exactly right and the reason that is is you know essentially you started out the copyright holder you made that song you put it up.

423
00:26:25,240 --> 00:26:34,240
You've got the right all of them so you can go out on the side with the do it on so you say okay I'm going to use this creative commons or whichever one it is here's my license and here's what people can do.

424
00:26:34,240 --> 00:26:41,240
Then government come along says well I know we gave you those rights but guess what we're going to take that one back real.

425
00:26:41,240 --> 00:26:49,240
Here's an exception that's what the statutory license is it's an exception to that one particular right that you had right and then.

426
00:26:49,240 --> 00:26:57,240
What's interesting is will then comes along these and they're a little difficult to figure out with these waivers where the copyright owner can.

427
00:26:57,240 --> 00:27:01,240
Can wave and say well okay actually I want to give these people.

428
00:27:01,240 --> 00:27:05,240
The ability to do this as long as I let everybody know.

429
00:27:05,240 --> 00:27:11,240
So it's it's weird here all your right or just like I'm going to domain but we're taking that one back.

430
00:27:11,240 --> 00:27:22,240
Wow we will give you this weird strange exception and a waiver if you can figure out how to find the people and get a waiver from them then maybe okay you won't have to end up paying sound exchange.

431
00:27:22,240 --> 00:27:27,240
So that's where it becomes really interesting and that's what they don't point out.

432
00:27:27,240 --> 00:27:30,240
Well they don't point it out but but it's interesting light.

433
00:27:30,240 --> 00:27:37,240
No I'm sure it's not in flashing light so a couple to have learned something very interesting here first of all I've learned that.

434
00:27:37,240 --> 00:27:50,240
And I have to presume that this actually was in place a long time ago I don't think this is new because the initially the reason why sound exchange is kind of popped to the top of the stack is because of the rate hike.

435
00:27:50,240 --> 00:28:09,240
But but this actual the statutory license has been in there all along so presumably and there are maybe thousands or hundreds of thousands of SRCOs I think that's what it is sound recording copyright owners independent artists who have put their music out there that may have been played on a web stream.

436
00:28:09,240 --> 00:28:13,240
Who can go and get money from sound exchange.

437
00:28:13,240 --> 00:28:29,240
Yeah there's a huge list and then actually say that it doesn't cover everyone you know there are two things they're going to make the float on the money although I did see I think one of their quarters they collected about 14 million so we're not talking about a huge amount but you know the float on what's not collected could be pretty generous.

438
00:28:29,240 --> 00:28:36,240
And I hope after three years people will just forget about it or you know one through years passes if they don't go get it or they get to keep it.

439
00:28:36,240 --> 00:28:51,240
Really that's that's pretty disgusting. Okay, so so it's interesting that this this is never popped to the top before and I guess what you know the the next logical question is what if they.

440
00:28:51,240 --> 00:28:58,240
And I guess that would be the government who then hands it off the sound exchange determine that other types of transmission.

441
00:28:58,240 --> 00:29:03,240
Now also fall under this particular right.

442
00:29:03,240 --> 00:29:09,240
Yeah, there's nothing there's nothing you say they couldn't I mean you know this is essentially Congress they can do it if they want.

443
00:29:09,240 --> 00:29:14,240
Now it's up to the court to figure out and interpret what they wrote which is what always happens.

444
00:29:14,240 --> 00:29:19,240
You know they put something in the law and then it's up to the court to figure out what do they really mean.

445
00:29:19,240 --> 00:29:23,240
So we'll have to see how it goes from there but it's going to be fairly interesting.

446
00:29:23,240 --> 00:29:30,240
They constantly have carve out since happening more and more as you can see I mean one active in 76 with a 95 with a 98.

447
00:29:30,240 --> 00:29:40,240
I think they set up this copyright the royalty panel whatever they call it I think that was either late 90s early 2000 really.

448
00:29:40,240 --> 00:29:43,240
So it's going to change constantly it's pretty interesting.

449
00:29:43,240 --> 00:29:48,240
Okay, so so one things for sure if today I started a stream.

450
00:29:48,240 --> 00:29:54,240
I put it my little windows media server and I started a stream and I played pod safe music all day long.

451
00:29:54,240 --> 00:29:59,240
I could potentially be hit with the depending on how many people are listening to it.

452
00:29:59,240 --> 00:30:05,240
I could be hit with a pretty big bill for again to depending on a successful I am.

453
00:30:05,240 --> 00:30:10,240
For the music played on that on that radio that web radio stream.

454
00:30:10,240 --> 00:30:16,240
Yeah, well it's interesting you see how successful so the carve out is commercial versus non commercial.

455
00:30:16,240 --> 00:30:21,240
So there are some differences in fees if you're commercial.

456
00:30:21,240 --> 00:30:24,240
Whether or not you don't plan to make any money off of it.

457
00:30:24,240 --> 00:30:25,240
Okay.

458
00:30:25,240 --> 00:30:31,240
So you can go in there and read it's like on to the 115 pages where they talk about how they came up with.

459
00:30:31,240 --> 00:30:41,240
How they came up with this with a particular code and essentially they talk about how they're going to charge you the percentage of revenue or is it.

460
00:30:41,240 --> 00:30:46,240
You know per usage fee a flat fee it gets on right so now of course the people for money.

461
00:30:46,240 --> 00:30:59,240
Yeah, the proposal now is is that it's zero point to eight cents per per listen with a minimum of five hundred dollars per channel per year.

462
00:30:59,240 --> 00:31:10,240
But essentially the question that I asked is the answer is yes if I did that I would have to pay for it as a webcaster.

463
00:31:10,240 --> 00:31:16,240
Yeah, exactly and I don't know if this makes a lot of sense because online I think we've changed so much.

464
00:31:16,240 --> 00:31:23,240
The idea and the standard is how do they come up with you rates what makes them decide and they usually say well let's assume.

465
00:31:23,240 --> 00:31:28,240
We had someone who wanted to give up their right and wanted the license it and someone who wanted to buy it.

466
00:31:28,240 --> 00:31:33,240
Oh willing seller willing buyer and then there's some other factors they put in the play and they come up with what they think the right is.

467
00:31:33,240 --> 00:31:36,240
But really it's what the market's going to bear.

468
00:31:36,240 --> 00:31:37,240
Who knows?

469
00:31:37,240 --> 00:31:39,240
The law is going to dictate behavior.

470
00:31:39,240 --> 00:31:44,240
If all of a sudden you put something in place and they want to make any money off of it everything goes away.

471
00:31:44,240 --> 00:31:45,240
Right.

472
00:31:45,240 --> 00:31:47,240
Which was my entire point.

473
00:31:47,240 --> 00:31:48,240
Yeah, which was my entire point.

474
00:31:48,240 --> 00:31:58,240
My entire point was hey if the RIA which indirectly sound exchanges they want to put these huge prices on it that's fine because it'll just go away because people can't afford to do it.

475
00:31:58,240 --> 00:32:06,240
And in the same breath I said but you know that's why we have all these alternative licenses out there you can go to garage ban you can go to.

476
00:32:06,240 --> 00:32:19,240
PMN you can go you can use creative commons and in that case the entire intent of the artist is to say hey it's okay you can play this I'm going to make my money on sales I believe in that or it's great promotion for me.

477
00:32:19,240 --> 00:32:24,240
By the way radio doesn't have to pay this type of fee unless they're rebroadcasting.

478
00:32:24,240 --> 00:32:31,240
They're they're signal through a stream a traditional radio does not have to pay this type of copy right from what I understand.

479
00:32:31,240 --> 00:32:41,240
So the last question I have for you Brian in those 115 pages or whatever it was that you that you skimbed throughout me hello.

480
00:32:41,240 --> 00:32:43,240
Brian.

481
00:32:43,240 --> 00:32:46,240
Hello.

482
00:32:46,240 --> 00:32:47,240
Okay that's fixed.

483
00:32:48,240 --> 00:32:54,240
So the the final question was in those 115 pages that you skim through like everything else.

484
00:32:54,240 --> 00:32:55,240
Yeah.

485
00:32:55,240 --> 00:32:57,240
Did it.

486
00:32:57,240 --> 00:33:03,240
Was there a very particular language about what exactly a song constitutes?

487
00:33:03,240 --> 00:33:09,240
I mean let's say right now I have a show it's 30 minutes long and I sing.

488
00:33:09,240 --> 00:33:14,240
Hey la hey la hey la hola that means it's a song with a lot of wrap around it.

489
00:33:14,240 --> 00:33:20,240
Is that now a song? Is that a sound recording? Is that an official tune that I can charge for someone webcast that?

490
00:33:20,240 --> 00:33:22,240
Interesting.

491
00:33:22,240 --> 00:33:26,240
You know I'd have to think a little more about that.

492
00:33:26,240 --> 00:33:30,240
Okay we clearly have more work to do Mr. Long.

493
00:33:30,240 --> 00:33:33,240
I do know that I personally wouldn't pay for that one.

494
00:33:33,240 --> 00:33:35,240
Oh man.

495
00:33:35,240 --> 00:33:40,240
You don't listen to my show on a regular day.

496
00:33:40,240 --> 00:33:43,240
You will now.

497
00:33:43,240 --> 00:33:51,240
All right Brian. So what I'd like you to do over the course of the next week and I'm going to try and find the Lawrence Lasseg of Creative Commons.

498
00:33:51,240 --> 00:33:57,240
I'm sure no one from EFF will ever call because that's only when it serves them do they call.

499
00:33:58,240 --> 00:34:08,240
I'm going to I'd like you to look into the waiver thing and see you know that could be a great way to save you know web radio which I do believe in.

500
00:34:08,240 --> 00:34:19,240
I think it's good and I don't particularly it's not particularly what I want to do but the idea of exposing artists to tons of people at an affordable rate which would in my mind will be zero.

501
00:34:19,240 --> 00:34:23,240
That would be fantastic so if you have some time between.

502
00:34:23,240 --> 00:34:25,240
How many kids do you have now nine?

503
00:34:26,240 --> 00:34:27,240
Three.

504
00:34:27,240 --> 00:34:31,240
Okay between the kids and then the other seventy kids at the office.

505
00:34:31,240 --> 00:34:33,240
Could you look into that for me?

506
00:34:33,240 --> 00:34:34,240
Absolutely.

507
00:34:34,240 --> 00:34:39,240
Hey you know just a plug my own little page on pod show longest dot pod show you can see a video of my boys.

508
00:34:39,240 --> 00:34:40,240
Okay.

509
00:34:40,240 --> 00:34:45,240
When they were babies and they're raising their hand for chocolate popcorn and they're just little tiny guys that kind of funny.

510
00:34:45,240 --> 00:34:48,240
All right cool longest dot pod show dot com.

511
00:34:48,240 --> 00:34:50,240
Oh yeah we mean you don't go there every day.

512
00:34:50,240 --> 00:34:52,240
You got me.

513
00:34:52,240 --> 00:34:53,240
Okay.

514
00:34:53,240 --> 00:34:54,240
Okay.

515
00:34:54,240 --> 00:34:55,240
Who's Jay indeed?

516
00:34:55,240 --> 00:34:56,240
All right Brian.

517
00:34:56,240 --> 00:34:57,240
Thanks a lot man.

518
00:34:57,240 --> 00:34:59,240
I appreciate it and talk to you soon.

519
00:34:59,240 --> 00:35:00,240
All right.

520
00:35:00,240 --> 00:35:01,240
Anytime.

521
00:35:01,240 --> 00:35:02,240
Thanks.

522
00:35:02,240 --> 00:35:03,240
You're honored.

523
00:35:03,240 --> 00:35:08,240
I'd like to make a motion to rock this mother out.

524
00:35:08,240 --> 00:35:10,240
You're honored.

525
00:35:10,240 --> 00:35:13,240
Please don't bang back yet.

526
00:35:15,240 --> 00:35:17,240
Do see your job.

527
00:35:18,240 --> 00:35:19,240
Hey.

528
00:35:19,240 --> 00:35:21,240
I hired me done quit the day.

529
00:35:21,240 --> 00:35:25,240
Yeah baby.

530
00:35:25,240 --> 00:35:27,240
Jersey touch.

531
00:35:27,240 --> 00:35:31,240
Jersey touch here.

532
00:35:31,240 --> 00:35:37,240
You know what's our badminton jersey tie the official music,ologist.

533
00:35:37,240 --> 00:35:44,240
But you know I had a debut is some some new music there because I've I guess I've got a new term here at the daily source code.

534
00:35:44,240 --> 00:35:49,280
code. I am now your ultimate Savan. Yeah, that's right, baby. Any questions you got? Just

535
00:35:49,280 --> 00:35:53,280
just come to Jersey. I'm sure I can figure out the answer for you. But listen, listen,

536
00:35:53,280 --> 00:35:57,920
I have no idea why you dragged me into this copyright discussion. I mean, I don't do copyright

537
00:35:57,920 --> 00:36:03,440
for a living. I mean, it's a very, very, very specific area of law with some very, very

538
00:36:03,440 --> 00:36:09,840
smart people and some very talented people of which I am not one of. All right, but I will try

539
00:36:09,840 --> 00:36:14,400
to give you a little bit of an answer here. I went over to sound exchange.com's website

540
00:36:14,400 --> 00:36:19,520
and there was actually a very, very interesting fact on the whole thing. And basically what

541
00:36:19,520 --> 00:36:24,800
it's telling artists is that if they join sound exchange, they can still negotiate a license with

542
00:36:24,800 --> 00:36:31,120
a webcaster or a podcast or if they wanted to. What sound exchange prohibits artists from doing

543
00:36:31,120 --> 00:36:36,880
is licensing their copyrights to another royalty collection agency. You know, some sort of monsters

544
00:36:36,880 --> 00:36:43,280
to collect money for them. But it does very specifically say that artists can go out and

545
00:36:43,280 --> 00:36:47,840
license their music, whether, you know, to podcasts, there's a webcasters or to any other kind

546
00:36:47,840 --> 00:36:54,320
of statutory licensing. But it does kind of sort of indicate that the artist better go and notify

547
00:36:54,320 --> 00:37:00,560
sound exchange of any direct licenses or statutory licenses or digital music service providers,

548
00:37:00,560 --> 00:37:05,440
so they can make sure that they're getting paid. See, sound exchange makes it look very nice and

549
00:37:05,440 --> 00:37:08,960
very simple that they're just in it for the best interest of the artist trying to get the artist

550
00:37:08,960 --> 00:37:14,480
paid. Yeah, of course, they do want their cut of getting the artist paid. And then, you know,

551
00:37:14,480 --> 00:37:22,880
that's just kind of very, very see-through. So I think maybe sort of kind of, this isn't really,

552
00:37:22,880 --> 00:37:29,200
I'm not as scared as a podcast or playing podcast if music because the artist, you know,

553
00:37:29,200 --> 00:37:33,760
is part of the podcast if music network goes out to the podcast if music network and says it's

554
00:37:33,760 --> 00:37:39,600
okay to play my music. I think that that falls into that section of the fact, I actually feel

555
00:37:39,600 --> 00:37:45,120
pretty good about saying that it does. But, you know, at the same time, I don't feel great about

556
00:37:45,120 --> 00:37:49,440
selling music. I don't know. I'm going to have to defer to Brian Longest on something like that.

557
00:37:50,880 --> 00:37:55,360
But, and like anything else, I don't think that this is something that's going to be answered in one

558
00:37:55,360 --> 00:38:00,080
shot. I mean, I know that everybody out there wants to hear me say or another lawyer say, hey,

559
00:38:00,160 --> 00:38:05,280
this is all okay. It's not all okay. I mean, there's a lot of bullshit lawsuits going around

560
00:38:05,280 --> 00:38:11,360
out there either by the R.I.W.A. or by ASCAP or BMI. I mean, all of these guys are freaking out

561
00:38:11,360 --> 00:38:15,600
because of what we're doing. And this is the backlash. This is the backlash of a bum

562
00:38:15,600 --> 00:38:18,320
rush to the charts and things like that. You're going to see more and more shit like this.

563
00:38:19,040 --> 00:38:23,920
And I can't come right out and say, hey, yeah, okay, fine. It's 100% cool. Because it's not going

564
00:38:23,920 --> 00:38:29,680
to be 100% cool. This is all new technology. This is all new law. You have a lot of judges out there.

565
00:38:29,680 --> 00:38:34,320
A lot of attorneys out there that don't even know where the fucking power button is for their computer.

566
00:38:34,320 --> 00:38:38,240
And I think that what's going to ultimately happen is that a lot of these judges and a lot of these

567
00:38:38,240 --> 00:38:42,240
attorneys are going to have to educate themselves because these lawsuits are coming. They're going to work

568
00:38:42,240 --> 00:38:46,800
their way all the way up and ultimately somebody at the Supreme Court's going to have to make the call on this.

569
00:38:46,800 --> 00:38:51,440
But until that time, this is the wild west. This is the kind of shit that they dealt with then.

570
00:38:51,440 --> 00:38:56,080
I'm going to have to keep dealing with it. So no, I'm not going to say this is 100% cool. I mean,

571
00:38:56,480 --> 00:39:01,920
this fact isn't a legal document. I could have been written by some kid who just wrote their website.

572
00:39:01,920 --> 00:39:06,720
I have no fucking idea. But at the end of the day, I think that the positive music network and I

573
00:39:06,720 --> 00:39:11,920
hold and any time that you have an artist saying it's fine for you to play my music, I think that

574
00:39:11,920 --> 00:39:16,560
that's something right there that you can put in front of a jury and say, hey, the artist said it was cool.

575
00:39:16,560 --> 00:39:21,920
All these people want as their, there's their cut. And, you know, hopefully that's going to be all right.

576
00:39:22,240 --> 00:39:27,440
So this is Jersey Todd, the official, the official ultimate savant. I got to get my total right. The

577
00:39:27,440 --> 00:39:32,480
ultimate savant. Hey, you know, you call me. I don't give myself a title. So I'm your ultimate savant and I'm

578
00:39:32,480 --> 00:39:37,360
punching out. Talk to you later. There you have it. Not one but two legal opinions. What other podcast

579
00:39:37,360 --> 00:39:39,360
gives you that? Huh? None.

580
00:39:41,250 --> 00:42:33,750
[ Music ]

581
00:42:36,240 --> 00:42:43,240
From the backwaters of Southport, but not Liverpool, but in the UK, it's the Daisy Riots

582
00:42:43,240 --> 00:42:48,240
And girls don't play Lego, I don't know if that's necessarily true, but the song's pretty cool

583
00:42:48,240 --> 00:42:53,240
Just wrapping up a couple of things, by the way, I hope you enjoyed the double shot of Savannah

584
00:42:53,240 --> 00:42:58,240
Today, a little long, I have to admit, but man, it took five minutes just explaining who Brian was

585
00:42:58,240 --> 00:43:03,240
Of course, Y'all know Jersey Todd is who I thought also, although he had a very similar analysis

586
00:43:03,240 --> 00:43:08,240
It was a little more human for some reason

587
00:43:08,240 --> 00:43:14,240
I thank you all for sending pictures of Joan Rivers after I saw her on my virgin flight back from San Francisco

588
00:43:14,240 --> 00:43:17,240
Yes, everyone comments how amazing her face looks

589
00:43:17,240 --> 00:43:22,240
It truly is, it's like plasticine, man, it's fucking outrageous

590
00:43:22,240 --> 00:43:29,240
Mad pod, Jay Donley sent me a picture that he took over in New York

591
00:43:29,240 --> 00:43:34,240
Let's see, here's an email from John Glasscock, confirming her age 74 years old

592
00:43:34,240 --> 00:43:38,240
I tell him, if I look like that one, I'm 74, I'll be very happy

593
00:43:38,240 --> 00:43:43,240
And Brittany Mason sent me an announcement about the reopening of Pod Show Island in Second Life

594
00:43:43,240 --> 00:43:47,240
After the recent move of Pod Show Island next to the popular Soho Island this weekend

595
00:43:47,240 --> 00:43:51,240
That's his upcoming weekend marks the grand reopening of Pod Show Island in Second Life

596
00:43:51,240 --> 00:43:56,240
Pod Show Island mayors, shit, there's mayors, Agma, I'm not a mayor

597
00:43:56,240 --> 00:44:02,240
Now hosting a weekend of epic proportions, a true marriage of first life and second life for an store

598
00:44:02,240 --> 00:44:04,240
All avatars that appreciate great entertainment

599
00:44:04,240 --> 00:44:06,240
I don't know what the fuck that means

600
00:44:06,240 --> 00:44:09,240
But the Jeff Smith will be performing on Friday May 4th

601
00:44:09,240 --> 00:44:15,240
Of course, we all know the Jeff Smith from his many, many, many, many songs

602
00:44:15,240 --> 00:44:17,240
You can't even call them jingles

603
00:44:17,240 --> 00:44:21,240
Saturday May 5th, Cinco de Mayo comes to Pod Show Island

604
00:44:21,240 --> 00:44:24,240
The Pod Mafia will be hosting a party filled with fun and mayhem

605
00:44:24,240 --> 00:44:26,240
At their club on Pod Show Island

606
00:44:26,240 --> 00:44:31,240
Then wraps up Sunday evening with a monumental second life concert on Pod Show's garden stage

607
00:44:31,240 --> 00:44:34,240
Crap man, I might actually have to go check it out

608
00:44:34,240 --> 00:44:37,240
Holy moly, there's a lot going on, I haven't been in second life

609
00:44:37,240 --> 00:44:40,240
Well, I pop in once in a while, but pretty much an ages

610
00:44:40,240 --> 00:44:41,240
Whoa

611
00:44:41,240 --> 00:44:45,240
Okay, that must be the signal it's time to go

612
00:44:45,240 --> 00:44:47,240
Show notes at dailysourcecode.com

613
00:44:47,240 --> 00:44:48,240
Adam at podshow.com

614
00:44:48,240 --> 00:44:51,240
I'll talk to you tomorrow after hopefully more flying

615
00:44:52,240 --> 00:44:54,240
Another podshow podcast

616
00:44:54,240 --> 00:44:56,240
Stick it in your ear