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It's hard to watch the IP-related imbecility oozing out of the Senate these days and not feel like the Cartel has won that battle, too. Today brings us the story of a new bill from Senate majority leader Bill Frist and minority leader Tom Daschle, aimed at reversing the California decision that held some file-sharing services legal. The latest idiocy would criminalize anyone who "induces" illegal copying. This would, of course, also make VCRs, PVRs, TiVos and similar devices illegal. Probably most PCs, too. Oops, more collateral damage. http://www.washingtonpost.com/wp-dyn/article Meanwhile, The Howard Stern Show has become remarkably interesting (for me) to listen to these days. The man is on the warpath because the unholy triumvirate of Clear Channel, the FCC, and the US Senate have come together to, well, not to put too fine a point on it... screw Howard Stern out of his livelihood. A good starting point is Stern's own Web site: There you'll get the dramatic rendition, but the basic facts are correct. In short, Stern is going off the air. He and his show are being subject to increasing, random, and undefined censorship. For example: why can't a show guest say she pinched her nipples? That got bleeped, but nobody can explain the rules for why. He has also been sold down the river by his nominal employer, Clear Channel. The company cut a deal (after paying $1.75 million in fines) with the FCC to exempt all of its programming from retroactive review by the FCC (I thought that was illegal anyway?). All, except Stern's show, that is. He's been left exposed, essentially the sacrificial lamb for C.C. which comes off looking like it "did something". That "something" being handing over Stern, on a platter. Meanwhile, the 101 Stern imitators that C.C. hired and promoted continue to flourish. The final member of this unholy triumvirate is the US Senate, led by the religious fanatic Sen. Brownback (R-KS). This goon -- who really does live in a church compound when he's in Washington, DC -- attached a rider to a Defense authorization bill. This rider would increase ten-fold the penalties for "indecency" on radio or television, and would hold individuals as well as their employers liable up to $3 million per day. This joyous attack on the First Amendment passed the Senate by a stunning 99-1 margin. The House has already passed a similar measure, though with slightly different penalty numbers. Witness how a "democracy" institutes censorship. The state doesn't tell you what to say. It simply allows you to be retroactively reviewed under an ever-changing and never-defined set of rules for a vague concept. If you fail this review you're sued into penury. Aren't you all glad you live in a land that values freedom of expression? Stern sure is. He's talking up Michael Moore's "Farenheit 911" and attempting to politicize his audience as best he can. Sadly, his audience are... well, for lack of a better phrase "frozen lamp-post-licking morons." Listening to them call in and whine about why isn't Howard funny anymore is a real education in where American priorities are today. Who cares about all that boring "free speech" stuff? Give us more fart jokes. It's tempting to say that Stern is reaping what he has sown, both in terms of his audience and in terms of his delivery. Lord knows I can't manage to listen to more than five minutes of a "normal" Howard Stern Show. But the fact remains that he's an entertainer and depriving him of his livelihood in this manner is one of the most chilling things I've seen since the Copyright Wars began. Yes, I'm aware that Howard's not really likely to go to the poor house anytime soon. He'll get a show on cable, or XM, beyond the (current) grasp of the FCC. He'll continue to do his act and draw an audience. And broadcast radio will continue to die the slow death it probably deserves, strangled in its own boredom and pap. But that's not the point. The point is that artistic expression is supposed to matter. If you don't like his expression, change the damned channel.
http://www.hollywoodreporter.com/article_display.jsp Posted by dr. wex at June 24, 2004 10:26 AM |