Boing Boing has an article up on the licensing agreement that Podshow is requiring of all podcasters follow, that participate in their music network. What flips me out, and what is obviously lawyer speak is the following line.
“You agree that a Broadcast or Music Podcast will not promote or reference software piracy (warez, cracking, etc.), hacking, phreaking, emulators, ROM’s, or illegal MP3 activity;”
As the article from Boing Boing says it gets worse.
“And it gets worse — under the terms of the license, you also agree to pay legal costs and damages to PodShow if you say something that gets them sued — even if the judge eventually finds in your favor.”
Since when is talking about these issue illegal, I don’t condone cracking etc but lets be honest it is happening out their in a big way. I side with the opinion of Boing Boing on this one. [Boing Boing][Podshow Producer License]
Boing Boing is 100% right on this one. By agreeing to those terms you are effectively giving up any Fair Use and First Ammendment rights. I’m curious to see where this goes, who will use it and if anyone does end up getting sued due to breaking terms of service.
Thanks for the heads up on this one. I am guilty of scanning over the terms and not catching the implications on this one.
I hope that they wake up and smell the coffee for they do have a good number of artist to choose from but such terms make it unfavorable for podcasters to use.
I guess Podsafeaudio.com is a good alternative. Exios and I have gotten alot of our shows material from that site. Justin is great and Devin Anderson is quickly becoming my favorite podsafe artist.
Have a look who the biggest offend/term breaker is:
http://mollyzine-podcasting.blogspot.com/2005/08/podsafe-music-network-bans-adam-curry.html
Very interesting.
Molly