Librarian hangs `Keep Out' sign

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The Librarian of Congress has asked the Washington, D.C., U.S. Court of Appeals to prevent Webcasters who did not participate in the original rate-setting proceeding from appealing his decision.

On July 8, a group of Webcasters informed the court that they intended to appeal
the Librarian's decision to charge commercial radio stations that stream their
signals 0.07 cents per song per 1,000 listeners, and noncommercial radio
stations 0.02 cents.

Webcasters said last fall and winter's proceeding before a copyright
arbitration panel (CARP) at the U.S. Copyright Office was unfair and
exclusionary because it would have cost them $1 million each in legal fees to
participate.

In response to the Librarian's court brief, Webcasters said it is ludicrous to
ask the court to exclude the Webcasters that couldn't afford to participate in
the legal proceeding.

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