Still there are drawbacks to the MP3 streaming technology: There is, for example, no version available for the Macintosh. And, more importantly, the number of listeners is severely constrained by the capacity of the server's Net connection; outside of the few broadband Shoutcast servers or stations that are mirrored from multiple servers, many servers start creaking at 30 or so users. The sound quality suffers as a result, and only the biggest stations have yet to top more than a few hundred simultaneous listeners.

But by far the biggest downside of Shoutcasting is its dubious legality. Thanks to the new Digital Millennium Copyright Act, and a convoluted system of music licensing based on that of terrestrial radio, webcasting now requires up to five licenses for various "rights." As Brian Zisk of Green Witch Radio groans, "Right now we are spending so much money on lawyers -- there are five agencies you've got to go through to clear," and with few legal precedents, the process is a mess.

If you want to legally Shoutcast any music produced by major record labels, you would currently need to get licenses from ASCAP and BMI -- which generally run in the hundreds of dollars each -- plus a license from the Recording Industry Association of America (RIAA), the price of which has yet to be set.

That cost seems unreasonable for a Shoutcaster who has less than 10 listeners a day. As a result, Lord explains, "Very few of our Shoutcasters are licensed, but they are so clearly self-publishers that ASCAP and BMI have not approached them and demanded licensing from them." But ASCAP, at least, is well aware of the problem, and the organization is currently scrambling to come up with a new system that offers a reasonably low license fee for personal Webcasters.

"The value that is derived from having 30 listeners a week is obviously a lot different from the value that Broadcast.com is getting. It's not one size fits all. We are trying to sort this out how it would work for the personal broadcaster," says ASCAP's senior vice president of new media, Marc Morgenstern. "We want to continue a spirit of cooperation with the Web community -- we're not coming in with a big foot, but with a philosophy that makes sense."

The RIAA is also expected to announce the cost of its license within the month. "We are working on an appropriate license for hobbyist type webcasts like Shoutcasts, and hope to have a solution within the next several weeks," says Steve Marks, senior vice president for the RIAA. The fee, he says, will likely be "modest": "We want to encourage people to get a license, not to discourage them."

Shoutcast is already working with the RIAA, and has shut down a number servers that break the rules -- such as a station that played all Metallica all the time, a no-no according to the Digital Millennium Copyright Act. And Shoutcasters are already supposed to have signed a license agreement with the RIAA, with good faith intentions to pay the fee when it is determined. Shoutcast also hopes to develop a streamlined solution with the various licensing organizations that might allow Shoutcasters to pick up all the required licenses with one small flat fee.

Ironically enough, it isn't even legal to broadcast the music from independent artists that is freely available on sites like MP3.com -- legal disclaimers point out that the MP3s are for personal use only, not for distribution. In response, law student Jason Lindner has started FABCA, the Free Access Broadcasters Association, which is contacting independent artists that distribute their music online and asking them to give Shoutcasters permission to use it. So far, says Lindner, nearly 100 musicians have signed release forms, and he's developing a database of independent music that's legally available.

Some Shoutcasters are concerned that personal Webcasting could eventually face similar problems with authorities that pirate radio has faced in the past. Although Shoutcasters may not have to face off with the FCC or government agencies, there is the chance that even a low cost for legal licenses could turn Shoutcasting into a cat-and-mouse chase, with illegal Shoutcasters trying to evade the eagle eye of the RIAA's lawyers.

But most Shoutcasters, for the time being, are willing to take the chance.

"Copyright and broadcasting laws are going to have to take the leap into the new millennium with the rest of us," explains Woodcock. Until then, he'll keep on Shoutcasting as DJ NatRat: "For me, Shoutcasting is about sharing the music I love with other people. "

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