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SoundExchange drops DRM requirement, webcasters still oppose new deal

Small Internet broadcasters have the opportunity to stay around for another few years if they accept SoundExchange's official offer to pay a discounted royalty rate... with a few caveats.

Ars Technica Jacqui Cheng

Context & Ripple Effects

This closes a loop that opened in May 2007, when the music industry first floated a deal for small Webcasters, followed by July's partial reprieve as the new royalty rates loomed. The most contentious term was SoundExchange's demand that webcasts carry DRM — reported mid-July in SoundExchange Wants DRM for Webcasts — which turned a rate dispute into a technology mandate.

Dropping the DRM clause, confirmed today alongside the discounted-rate terms covered by the Associated Press and dslreports.com, removes SoundExchange's most visible concession-lever. Yet webcasters' continued opposition shows the caveats attached to the discount, not just the copy-protection requirement, are what they are bargaining over — the dispute has moved from whether small broadcasters get relief to whose terms define it.

First-order effects

  • Small Internet broadcasters face a concrete fork: accept SoundExchange's discounted per-listener royalty with its attached conditions and survive for another few years, or hold out against rates that would otherwise force them off the air.
  • SoundExchange loses its strongest non-price sweetener — the DRM mandate it had pushed in July — meaning future attempts to win webcaster acceptance have to come from rate and term concessions instead.

Second-order effects

  • Webcasters' refusal despite the concessions keeps pressure on for an alternative settlement channel, forcing SoundExchange to compete for legitimacy rather than simply dictate terms to the smallest tier of broadcasters.
  • The tiered-discount structure splits the webcaster camp between operations willing to trade caveats for survival and those betting on broader relief, weakening collective bargaining on the broadcaster side.

Third-order effects

  • If the pattern holds, internet-radio royalty economics consolidate around collecting bodies setting conditional, time-limited offers — with DRM recast from a technical requirement into a bargaining chip that can be traded away when it costs more acceptance than it buys.

The trend: Webcasting royalty policy is converging on negotiated carve-outs for small operators, where collecting societies trade mandates like DRM for rate acceptance while structural opposition persists.