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RAIN 10/01: Judge denies Live365 request for preliminary injunction against CRB

Posted on: 10/01/2009

MATTER OF WHETHER JUDGES PANEL LEGALLY APPOINTED STILL UNSETTLED

Federal Judge Reggie Walton denied Live365 in its request for a preliminary injunction against the CRB in its lawsuit concerning the constitutionality of its appointments. Judge Walton stated, “the plaintiff has failed to demonstrate its entitlement to the extraordinary relief of a preliminary injunction.” The injunction would have prevented any further proceedings before the CRB until the matter of constitutionality was settled.

Live365 asserts that the appointment of the CRB judges by the Librarian of Congress violates the Appointments Clause, which allows only the President to make these appointments (RAIN coverage here). Though this injunction was dismissed, Live365’s suit will proceed, and the larger matter of whether, in fact, the appointments are unconstitutional remains unsettled. In another case, a D.C. Circuit Judge Brett Kavanaugh commented that the challenge “raises a serious constitutional issue.” Find more from industry attorney Ben Sheffner’s Copyrights & Campaigns blog here.

NEW CHUMBY ADDS FM TUNER

The Wi-Fi widget gadget / Internet radio / beanbag known as “Chumby” has added an FM tuner, upgraded its processor (from 350MHz to 454MHz)… and lost the beanbag! The new “Chumby One” will reportedly be in stores by November for about $100, which is about $30 less than the original model.

The Chumby is still, of course, all about widgets — those mini applications that allow you to check weather, read news, follow the sports scores, play games, check Facebook and Ebay, etc. Chumby is also an Internet radio device, with its own small directory of webcasters (called Radio Free Chumby) like Radio Paradise and WXPN/Philadelphia. It also allows access to Shoutcast streams, podcasts, and webcasters with Chumby-dedicated apps (like Pandora and Clear Channel’s iheartradio). And now, Chumby can get local FM stations.

Gadgeteer (here) “can’t wait to check it out;” while TechCrunch hates that “it’s missing the ‘cute’” (here), and Slashgear appreciates the “cheaper, more serious” approach (here).

CHICAGO AIR TALENT O’DELL PROGRAMMING SLIPSTREAM CHITOWNSMOOTHJAZZ STREAM

Chicago radio personality Rick O’Dell is now working with AccuRadio/Slipstream to produce and host the ChiTownSmoothJazz.com stream. Slipstream created and launched the webcast in the days following the demise of Clear Channel’s smooth jazz WNUA-FM/Chicago (O’Dell’s former employer). O’Dell is known locally for his smooth jazz “Sunday Brunch” program, for which ChiTownSmoothJazz.com offers a dedicated subchannel. Thanks to Tom Taylor at Radio-Info for the coverage (subscribe to “Taylor on Radio-Info” here).

BLOG: RADIO CAN TEACH NEW MEDIA A FEW THINGS

Even though “if Rodney Dangerfield sold media, it would certainly be Radio,” this “ugly stepchild” medium that gets no respect can teach New Media a few things (according to the “Digital Tonto” blog, anyway). First, radio is a master at understanding the “niche” audience. Radio constantly researches its content, produces a consistent and familiar product, dayparts its programming to accommodate the changing audience demo throughout the day, and builds value for the advertiser with designed promotions for them to sponsor.

Interesting that most, if not all, of these points are traditionally things for which radio gets bashed! See, “no respect!” Read Digital Tonto here.

MOBILE WEB USAGE GROWING AMONG 65+ DEMO, TOO

Among mobile users age 65 and up, the use of the Internet “on the go” rose 67% from July 2008 to July 2009 according to a study by Nielsen. Overall growth for mobile web use was 34%. Tom Taylor has more in his Radio-Info newsletter here.



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