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Indian E-music – The right mix of Indian Vibes… » 2018 » June » 13


Countdown to License Renewal – Recent FCC Decisions Highlight Some Issues to Consider

Delivered... David Oxenford | Scene | Wed 13 Jun 2018 10:08 pm

We are less than one year away from the beginning of the next radio license renewal cycle. By June 1 of 2019, radio broadcasters with stations licensed to communities in Maryland, Virginia, West Virginia and the District of Columbia must have their license renewal applications on file. Stations in certain southeastern states follow two months later, with other states to follow every two months until the cycle ends 3 years after it began with the filing of renewals by stations in the northeast. The FCC’s list of state-by-state renewal deadlines is available here. The TV cycle begins the year after the radio cycle and progresses in the same order. We wrote here about how the online public inspection file will heighten scrutiny of the performance of stations in meeting their public service obligations – and the particular importance of timely preparation and uploading of the Quarterly Issues Programs lists – the only officially mandated documents showing how stations addressed issues of importance to their communities in their over-the-air programming. But there are other issues that stations should be considering in this year before renewals are filed.

From time to time in this run-up to the renewal, we will highlight issues that station owners should be considering. In the last week, there have been a few issues that that were highlighted by FCC announcements of fines levied on broadcasters for various rule violations. One obvious issue is making sure that you stay on top of the deadlines, and don’t forget to timely file the renewal application. An FCC decision released yesterday fined a station $1500 for failing to timely file its renewal in the last renewal cycle. This station filed its application about 4 months late, just before the license expired (broadcasters file their renewals 4 months in advance of the expiration of the license to give the FCC time to review and grant the renewal before the current license expires). In the past renewal cycle, other stations were fined even more when they waited even longer to file their late renewals. Obviously, it is important to stay on top of the filing deadlines.

In other decisions released in the last few weeks, the FCC proposed to fine stations – two LPFMs (decisions found here and here) and a full-power station (here) that were operating with facilities other than those specified in their licenses. While the FCC does not itself routinely review the technical operations of a station at license renewal time, in making certain license renewal certifications (e.g. that stations comply with the limitations on RF radiation exposure to the public and station workers), there is at least an implication that the station is operating where it is supposed to be and with the facilities that are specified on its license.

Moreover, the license renewal brings attention to the operation of the station generally, and subjects its operations to scrutiny by anyone who has any reason to want to make trouble for the station or its owner. Operating at variance from authorized facilities can always get a station into trouble. So reviewing all aspect of the station’s operations – including its technical facilities – is always important. Leaving time to make corrections before the renewal is filed gives licensees the incentive to make that review now. Watch for more highlights of potential license renewal issues in coming months.

Behringer threatens legal action against a site that called it a copycat

Delivered... Peter Kirn | Scene | Wed 13 Jun 2018 1:16 pm

Midifan, a top music portal and online magazine in China, has received notice from Behringer, threatening legal action over stories by Musicfan that called Behringer a “copycat.”

Midifan is a Chinese-language site, but evidently a significant one for that market. And Nan Tang, CEO and founder of the site, is also co-founder of 2nd Sense Audio, the software developer behind the WIGGLE synth and ReSample software. Nan, also known at musiXboy, contacted CDM with the news.

Nan has provided CDM with Midifan’s own English translation of the legal letter, as well as a statement in English. Translation is an important factor here, given we’re talking about libel, but Midifan’s English translations here for what they wrote are “shameless” and “copycat.”

Here’s the statement from Midifan:

Behringer sued Chinese media Midifan for saying them COPYCAT and shameless

Chinese portal website Midifan has received a lawyer’s letter from Behringer last week. Behringer claimed the fact that Midifan repeatedly reporting news about Behringer without any factual basis and using insulting words such as “copycat”, “shameless” has caused the reputation of the four clients (Uli Behringer, MUSIC Tribe Global Brands Ltd, Zhongshan Behringer Electronic Co., Ltd and Zhongshan Ouke Electronic Co., Ltd) to be seriously damaged.

The law firm worked for Behringer also claimed that they have reported to its local public security agency and plans to pursue legal responsibilities through criminal way.

A manufacturer taking legal action against music press for being critical or even calling it names is as far as I know fairly unprecedented. I’d almost call it shamel– actually, let’s just stick with “unprecedented.”

But it appears the letter is threatening criminal libel proceedings in China, not just civil charges. Criminal libel can carry more serious consequences; as reported in 2013 by The Guardian and Bloomberg, criminal libel in China can carry up to a three year prison sentence.

Ceci n’est pas une imitateur.
Behringer showed … uh… tributes to the Roland SH-101, , Roland VC-330, Roland TR-808, ARP Odyssey, and Sequential Prophet One in Berlin last month.

That said, in China as internationally, the law states that something is only libelous if it’s untrue. The “copycat” reference refers to Behringer gear shown at Superbooth, for instance, that literally was designed to look and sound like classic instruments (Roland TR-808, Sequential Circuits Prophet One, etc.). “Shameless” is a matter of opinion. Arguably, too, sending cease and desist letters to media outlets because they called you shameless and a copycat would presumably also not be a great way to demonstrate you possess shame.

Behringer Pro-One, 808, ARP Odyssey Clones At Superbooth 2018

For their part, Midifan have posted a response on their site (no English translation available):

https://www.midifan.com/modulenews-detailview-29955.htm

Midifan tell CDM that they have removed all references to the words “copycat” and “shameless” and replaced them with “more neutral words like “TRIBUTE and CLONE.”

Here’s the full letter from Behringer as translated by Midifan into English.

Lawyer’s Letter
In Relation to Urge You to Stop the Willful Infringement Behavior

Dear Sir or Madam,
Upon the entrustment of Zhongshan Behringer Electronic Co., Ltd (hereinafter referred to as Behringer Corporation), Zhongshan Ouke Electronic Co., Ltd (hereinafter referred to as Ouke Corporation), Uli Behringer and MUSIC Tribe Global Brands Ltd, Guangdong Baoxin Law Firm sends you the lawyer’s letter to your company on matters that urging you to stop the willful infringement behavior.

In accordance with the information and statements from four aforementioned clients, MUSIC Tribe Global Brands Ltd is the registered holder of the trademark “BEHRINGER”. On the basis of the authorization of MUSIC Tribe Global Brands Ltd, Ouke Corporation has the right to use the “BEHRINGER” trademark to engage in production and business activities within the scope of relevant authorizations. Behringer Corporation,whose English name also includes the word “Behringer”, is an affiliate enterprise of MUSIC Tribe Global Brands Ltd and Ouke Corporation.

Since 2017, you have continuously published articles such as “Exclusive breaking: Behringer’s recent crazy copycat stems from a trap of imitation chip more than a decade ago.” “, Can’t stop copycat: Behringer will make the Eurorack module next?” , “Shameless: Behinger exhibited copycat of TR-808, SH-101, Pro-One and Odyssey” on the website “https://www.midifan.com/”

and

Tencent WeChat public account “Midifan” without any factual basis, claiming that the above four principals have plagiarized the products of other companies. Beyond that, the fact that you repeatedly used insulting words such as “shameless”, “copycat” has caused the reputation of my four clients to be seriously damaged.

In view of this, Ouke Corporaiton has reported to its local public security agency and plans to pursue your legal responsibilities through criminal way. Meanwhile, the four principals entrusted me with this letter expressly:

Please be sure to remove all the insulting infringement articles four principals involved and other related information posted on the internet platform such as “https://www.midifan.com/” and Tencent WeChat public account “Midifan” , etc. within seven days of receipt of this letter, and issue a clarification announcement within the above-mentioned period to eliminate all adverse effects caused by the negative reputation of the four principals due to your inappropriate comments.

If you fail to perform the above obligations within the time limit, the four principals will continue pursuing your legal liabilities (including but not limited to
the criminal responsibility for defamation) through legal ways. All consequences and expenses resulting from this shall be borne by you.

In order to avoid inconvenience, please weigh the pros and cons and perform the above obligations in a timely manner!
Best regards.

CDM has reached out to Music Tribe / Behringer for comment via their public contact form, but has not yet received a response. Curiously, I found many of my colleagues don’t have direct, current media contacts with the company.

Oh, also – it seems Germany has criminal libel laws, too. So, naturally, let me then reiterate – what I saw at Superbooth were … meticulous recreations of famous electronic instruments of yore by a …. manufacturer of equipment that is … Behringer.

Now, please, I don’t want to go to German jail. Aber wenn ich ins Gefängnis gehe, wird sich mein Deutsch verbessern.

http://midifan.com/

The post Behringer threatens legal action against a site that called it a copycat appeared first on CDM Create Digital Music.

Blawan On Impatience, Anxiety And How He Makes No-Frills Techno

Delivered... Interview by Sven Von Thülen | Scene | Wed 13 Jun 2018 12:41 pm

The post Blawan On Impatience, Anxiety And How He Makes No-Frills Techno appeared first on Telekom Electronic Beats.

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