Downloading tariff supreme court ruling

Walter Dnes waltdnes-SLHPyeZ9y/tg9hUCZPvPmw at public.gmane.org
Thu Jul 12 21:42:58 UTC 2012


On Thu, Jul 12, 2012 at 04:57:29PM -0400, Bob Jonkman wrote
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> On 12-07-12 02:57 PM, Walter Dnes wrote:
> 
> > To summarize... downloading via the internet as part of a 
> > transaction is *NOT* subject to a second royalty for "internet 
> > streaming".
> 
> Technically, there is no difference between "streaming" and
> "downloading". The difference lies in the client software used to
> receive the bits coming down the pipe, and in some minor sense, the
> software used to put those bits on the pipe.
> 
> So, those people who can "stream" their music from a "download" site
> don't need to pay this royalty, but people who "download" their music
> from a "streaming" site do.

  The whole point is that there should be only one royalty levied for
the transaction.  You pay either the downloading royalty or the
streaming royalty, but not both.  The major difference between streaming
and downloading is that...
* streaming - you hear music once "live" or "realtime" and that's it
* downloading - you download a file once, and keep it.  You can play
  it back later, as often as you want

  You get into shades of grey with Youtube, where a file gets downloaded
to your browser's cache and played back, to look like streaming.

-- 
Walter Dnes <waltdnes-SLHPyeZ9y/tg9hUCZPvPmw at public.gmane.org>
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