As expected, broadcasters are beginning to challenge Michael Robertson's new invention, DAR.fm. The technology he's created allows consumers to set an online recorder to a specific radio station, record a show on that station, and go back to listen to that show on an online player any time they'd like, free of charge. Robertson calls it radio's version of TV's DVR. Radio calls it stealing. Shows like Rush Limbaugh, NPR and Phil Hendrie consistently rank in the top 5, in terms of number of people recording their shows. One of the problems some companies and specific broadcasters have with this consumer-friendly service is that they've created businesses from their on-demand audio. Fans of Limbaugh, Hendrie, Beck and others have to pay a fee to be able to listen whenever they want. With DAR.fm, everything is free again. Whether or not this is totally legal will, most likely be determined in court. Univision is the first broadcaster to take steps to put an end to what Robertson's created. But he's hardly backing down.
DAR.fm has received a Cease and Desist from Univision who is alleging that time shifting radio is a copyright infringement. Robertson told Radio Ink, "Univision's letter is typical copyright maximalist approach. I thought the "if you do downloads your opening the door to infringement" sentiment died a few years back but I guess not. I hope others in radio are more progressive than Univision." Univision is not alone. They just happen to be the first comapny to make a move on Robertson. He says Univision's knee jerk reaction seems to be carrying on the longstanding media company tradition of making legal threats against every new technology. "Just as the DVR has energized the TV business DAR.fm can do the same for radio making it available at a convenient time and device for consumers. TV viewing is up 40% over the last decade since the DVR while radio listening is down."
Clear Channel, which owns Premiere Radio Networks, would probably consider itself progressive, is also expressing concern over Robertson's service. The following statement was sent to Radio Ink regarding DAR.fm. ?Clear Channel Radio does not participate with or allow radio content aggregators to use or promote Clear Channel stations and programming, including content provided by Premiere Networks.? There might be an army of attorney's working on this topic for that company.
Robertson says he is still devising a formal response. "At one level it's good to know that our service is meaningful enough that people even care to complain about it. One can examine my track record to understand that I'm the kind of guy who stands up to media companies that believe every digital service is infringing. I just prevailed in a multi-year battle with EMI over the right to operate a personal cloud music service without a license."
The law is clear that cloud recording services are not infringing and don't require a license. I encourage you to read the Cartoon Network case.
Robertson says that while recording broadcasted material may be new to radio, it's not new to society. "Nearly 50% of US households have a DVR which records broadcasts. Of course every recording has video AND audio, but if they want to record audio only they can do that to by recording from a music channel. Similarly, internet users can capture online articles for later viewing using popular services like Readitlater and Instapaper."
Robertson also says he takes exception to the claim that by allowing users to download recordings to PCs, iPhones, iPads and Android that is "opening the door for users to engage in copyright infringement". "All DAR.fm recordings are stored in password protected storage. It's true users can setup automatic downloading which makes listening offline on any device easy, but that's not "opening the door" for copyright infringement anymore than when Amazon or iTunes allows people to download songs or Instapaper or ReaditLater let people download articles."
What do you think? Have you ever used the service? Is this fair? Is this legal? Send feeedback directly to edryan@radioink.com or leave your comments below.
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