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Today's Stories May 7, 2007 Patrick Cockburn The Great Wall of Baghdad Rises May 5 / 6, 2007 Alexander Cockburn Trying to Catch Up with the Voters William Blum How America Has Changed Iraq Uri Avnery Exercise in Escapism Franklin Lamb Harvard's Twisted Report on Israel's Invasion of Lebanon Fred Gardner Elective Surgeries Kill Lawrence R. Velvel The American Moral Meltdown Accelerates Missy Beattie Lying and Dying: The Moral Sensibility of Military Recruiters Robert Fantina Bush's Veto: Hypocritical Words and Actions Carla Blank American Massacres and the Media Linn Washington, Jr. The Long Ordeal of Harold Wilson Stephen F. Jackson Taking It to Drummond: Paramilitaries and Mining Companies in Colombia P. Sainath The Jailing of Indian Farmers Anthony Papa Time to End New York's War on Itself James T. Phillips Blather Cancer John Ross Last Days of the Willie Loman of the EZLN Stephen Lendman Chavez's Oil Policy Sparks Panic at Wall Street Journal Ben Terrall Iggy Pop at 60 CounterPunch Newswire Advice from a Geezer Assassin Poets' Basement Valentine, Engel and Davies Website of the Weekend Mountain Justice Summer   May 4, 2007 Patrick Cockburn How the Surge is Failing Col. Dan Smith From Watergate to Gonzogate Norman Solomon FOX on Wall Street Azmi Bishara Why is Israel After Me? Ron Jacobs Sitting in on Senator Kohl and the War Dave Lindorff Clinton and Byrd are Calling for Revocation of the Wrong AUMF Kevin Zeese The Democrats Cave to Bush Bob Fitrakis Why Four Died in Ohio: Kent State, Gov. Rhodes and the FBI Janet Kauffman "Stop the Mudness!" Bare Earth is Scorched Earth Website of the Day Let Us Gather in Missouri!   May 3, 2007 Jeff Halper The Livni-Rice Plan for the Middle East: a Just Peace or Apartheid? Christopher Brauchli Bush's Best and Brightest: From Dr. Keroack to Bernard Kerik Dave Zirin Talking Sports from Death Row: an Interview with Kevin Cooper Corporate Crime Reporter Big Pharma Gets Its Hooks into Seton Hall Law School Robert Fisk Olmert Comes Undone Mike Ferner Bush Veto, Right for the Wrong Reasons? Mike Whitney A Stock Market Post-Mortem Pham Binh The Democrats and War Funding Dave Lindorff Kucinich's Impeachment Train: Look Who Just Stepped Aboard Michael A. Johnson Tenet on 60 Minutes Website of the Day Olivia Wilde: the Interview   May 2, 2007 Saul Landau Would Jesus Wear a Rolex on His TV Show? Dr. Susan Block Hookergate II: Madame Julia's Big Black Book of Cheesy Republican Sex Acts Carla Blank Historical Amnesia: Worst U.S. Massacre? Margaret Kimberly The Candor of Mike Gravel: "These People Frighten Me" Kevin Zeese Durbin Gives Edwards More to Apologize For Carlos Villareal How "Law and Order" Covers for Bigotry in the Immigration Debate Michael Dickinson Trouble in Turkey: Criminalizing Political Art Tim Shorrock A Raw Deal Between Washington and Seoul: Corporate Interventionism as Trade Policy Alevtina Rea The Myth-Makers of Estonia William S. Lind General Incompetence: Col. Yingling and the Military Brass Website of the Day Good News: Rost's "ZubeGate Exposé Prompts Congressional Inquiry May 1, 2007 Andrew Cockburn How Rumsfeld Micromanaged Torture Fred Gardner Affirmative Abstinence: Adios, Randall Tobias, the Man Who Turned His Wife's Suicide into a Sales Pitch for Prozac Chase Madar Are Working Class Jobs Bad for Your Health? Ralph Nader Cheney and the BYU 25: Faith, Accountability and Protest in Utah John V. Walsh Edgy Dems Snarl at Their Antiwar Base Joshua Frank Obama, Incorporated Leslie Radford The Migrant Trap and the Migrant's Way Out Shaun Harkin An Interview with Nativo López on Immigration Bills and Protests Dave Lindorff Murtha Talks Impeachment Peter Rost, MD Inspector General Requests Meeting with Pfizer Whistleblower Peter Linebaugh May Day and Magna Carta Website of the Day Impeachment? Why Bother?   April 30, 2007 Frank Menetrez Dershowitz v. Finkelstein: Who's Right and Who's Wrong? Paul Craig Roberts Incompetence at the Top: Tenet and His Masters Ray McGovern Tenet's Self-Serving Apologia Manuel Garcia, Jr. Fire Collapses Oakland Freeway as Steel Supports Fail Diana Johnstone The Three Rs of "Sarko the American" Sherwood Ross A So-Called "Liberal" Answers His Death Threats Peter Rost, MD Did Pfizer Illegally Market Its New HIV/AIDS Drug? Robert Jensen Anti-Capitalism in Five Minutes Kevin Zeese While Congress Voted for War, the Peace Movement Protested Inside the Senate Jane Stillwater Dalai Lama and Costco Website of the Day Francis Boyle: Impeaching Bush   April 28 / 29, 2007 Alexander Cockburn Is Global Warming a Sin? Jeffrey St. Clair Versailles on the Potomac Fred Gardner Fuel for a Killer: What Drugs Had Cho Taken? David Orchard and Michael Mandel Afghanistan and Iraq are the Same War Alan Maass The War on Hip Hop: an Interview with Dave Marsh Joe Bageant Why Are Leftists So Damn Afraid of God? Robert Fantina The Rhetoric of Dick Cheney: Lying as Art Form Hanan Ashrawi Palestine and Peace: the Looming Challenges Ron Jacobs Return of the Guitar Army Nicole Colson The Surpeme Court Targets Abortion Rights Ben Terrall Tracking Torture Missy Beattie Quit Your Day Job, George Harvey Wasserman The Lesson of Chernobyl Cindy Beringer The Horrors of Hutto: Inside Texas' For-Profit Immigrant Prison Mike Roselle The Dog Philosophy: What Kant Can't Tell Us About Why We Love Wilderness RAWA Freeing Afghanistan James McEnteer Where the Movie Villains are American: Screening Films in Bolivia Poets' Basement For Stew Albert Website of the Weekend Rudy and Donald: the Drag Smooch April 27, 2007 Eva Liddell How Can Women Defend Themselves Against Stalkers? Phyllis Bennis and Robert Jensen Moving Beyond Anti-War Politics Mike Whitney Where's the Beef?: Padilla and the Zucchini Prosecution Michael F. Brown Biden and Pelosi: Failing to Hold Israel Accountable for War Crimes in Lebanon Jordan Flaherty Forgotten Mississippi Margaret Kimberly John McCain, Cold-Blooded Senator Christopher Brauchli The Dangers of Unstable People Jacob Mundy Stalemate in the Western Sahara? Website of the Day Yee Speaks April 26, 2007 Andrew Cockburn Wolfowitz's War Franklin Lamb Giuliani Plays the Islamic Terror Card Patrick Cockburn Al-Qa'ida Group Behind US Deaths in Iraq Roger Morris Dispatches From the Front Henry Siegman The Three Nos of Jerusalem Alevtina Rea A Sister City Debate in Rachel Corrie's Hometown Paris Are You a Hip Hop Apologist? Nikolas Kozloff White Racism and the Aymara in Bolivia Alan Farago Dow 13,000 Disconnect Matthew S. Miller The Limits to Lakoff Website of the Day PBS: Blaming Blacks Again April 25, 2007 Sharon Smith The Rights of Children in America David Price The Long Lost War Diana Johnstone Who Wants Sarko? New or Old France? Brendan Cooney Cho and Cheney: Killer Looks Sonja Karkar Israeli Democracy, For Jews Only? Brian Concannon Wolfowitz and Haiti Lee Gaillard Baptism Under Fire: Can the Osprey Fly? Leah Fishbein Women Under Siege Dave Lindorff The First Shoe Drops Neal Galloway US Agricultural Policy is Destructive at Home and Abroad Website of the Day Anti-War Student Movements: a Short History   April 24, 2007 Ishmael Reed How Imus' Media Collaborators Almost Rescued Their Chief Lila Rajiva Tragedy and Irony After Virginia Tech Paul Craig Roberts The War Goes Ever On Patrick Cockburn Sunnis Protest Baghdad's "Prison Wall" Ralph Nader The Corporate Debasement of Earth Day Mike Whitney Housing Bubble Boondoggle Website of the Day "Refugees"   April 23, 2007 Saul Landau The Courage to Withdraw Patrick Cockburn Time of the Death Squads: Iraq as Revenge Tragedy Robert Fantina Changing Sentiments Sam Husseini The Gonzales Distraction Corporate Crime Reporter Bought-and-Paid-For Journalism at the Philly Inquirer Elizabeth Lalasz Sick and Getting Sicker Harvey Wasserman Earth Day, Incorporated Dave Lindorff Huge Win for Impeachment in Vermont: Are You Listening Sen. Leahy? Gary Leupp Maoist Homophobia in Nepal? Stephen Lendman A Short History of the Christian Right Website of the Day No to OLF April 21 / 22, 2007 Alexander Cockburn Bring Back the Posse Fred Gardner Prozac Madness Kristoffer Larsson The Islamic Threat to Europe: By the Numbers Barbara Rose Johnston Nuclear War and Its Consequences Manuel Garcia, Jr. The Heart of Whiteness: Racism, Wealth and IQ John Scagliotti Unlocking Closets, Locking Free Speech Marjorie Cohn Gonzo Justice: Counting on Alberto Patrick Cockburn Sadr Raises the Stakes Diana Johnstone The Absent Middle East Ron Jacobs Explaining the Spectre Evelyn Pringle How Iraq Was Looted BANCO Travesties of Justice in a Black City in Michigan: the Persecution of Rev. Pinkney Paul Richards Thinking Big in the Northern Rockies Dan Bacher Zapatistas in the Colorado River Delta Ben Terrall Showdown at Chevron: SF Protest Against New Iraq Oil Law Sherwood Ross How the Taliban Defeated the Pakistani Army in Waziristan Remi Kanazi Bill Maher's "Towel-Headed Hos" Aseem Shrivastava Behind the Curtain of SEZs Poets' Basement Valentine, Reed, Harley and Engel Website of the Day Reading Sappho in New Orleans   April 20, 2007 Doug Peacock Beginning of the End for the Yellowstone Grizzly? Diane Farsetta Onward, Free Market Soldiers!: Privatizing Public Diplomacy Tom Clifford The Surge in Iraqi Civilian Deaths: the Bloodiest 12 Months of the War Amira Hass The Holocaust as Political Asset Nicole Colson Desperation in Gitmo's Camp 6 Sonja Karkar Double Jeopardy Entraps Palestinians Heather Gray The Supreme Court Looks a Lot Like the Taliban Dr. Bouthaina Shaaban Syrian Expeditions Agustin Velloso Spain and Iraq, Four Years On Matthew Koehler Distorting the News in a Timber Company Town Website of the Day Gonzo's Monica   April 19, 2007 Emad Mekay / Jim Lobe Scoring at the World Bank: Wolfowitz's Quid Pro Quo Patrick Cockburn A Day of Bombs and Blood in Baghdad Larry C. Johnson The Hobbesian Hell of Iraq: How Many Dead Equal a Failed Government? Norman Solomon Bowing Down to Our Own Violence Saul Williams Notes from a Hip Hop Head: an Open Letter to Oprah Winfrey Sunsara Taylor From Iraq to the Supreme Court: a New Dark Ages for Women Harvey Wasserman How Green is Tom Friedman? Christopher Brauchli Apologies, Incorporated Anthony Papa Nightmare Behind Bars: John Valverde's Fight for Freedom Dave Lindorff Betraying Thomas Jefferson Website of the Day The Best Antiwar Song of the Iraq War? April 18, 2007 Lila Rajiva More Gun Laws or Fewer Idiots? How the Va Tech Administration Failed Its Campus Landau / Hassen Tancredo as 17th Century Indian Chief? Charles Fisher / Randy Fisher Don Imus's Firing and the Hip-Hop Culture Diane Christian Facing Death Politically Kevin Prosen Meeting the Resistance in Iraq China Hand Gold Digging: The U.S. Treasury Department's Economic Campaign Against North Korea Peter Rost, MD The Strange Profits from a Re-Branded Cancer Drug Justin Akers Chacón What's Inside the STRIVE Bill Jerry Kroth Virginia Tech and Cho Seung Hui: Love and Unhappiness in an Alien Culture Sherwood Ross Massacre at Va Tech: a Brief Glimpse into Daily Life in Iraq Niranjan Ramakrishnan The Bonfire of the Hannities Alice Cherbonnier Why South Dakota's "Informed Consent" Law Doesn't Go Far Enough Website of the Year? "I Hope I Die Before I Get Old"   April 17, 2007 Jean Bricmont / Diana Johnstone The Elections in France: a Coming Political Tsunami Paul Craig Roberts Bloodbath in Blacksburg Frida Berrigan Militarizing the Border Alison Weir The Message of PBS's "Crossroads" Series: Some Muslims Aren't Bad John Walsh Why is the Peace Movement Silent About AIPAC? Jason Hribal Resistance is Futile: Emily the Cow and Tyke the Elephant Evelyn Pringle The Iraq Money Trail Ben Terrall Cuban Exiles Get Hero's Welcome; Haitian Refugees Get Shafted Stan Cox 1040s and Death Certificates Soren Ambrose Confidence Crisis at the IMF Website of the Day Go Ahead and Yell: "FIRE!"   April 16, 2007 John F. Sugg Hate and Hypocrisy in the Cox Empire Ismael Hossein-Zadeh Escalating Military Spending: Income Redistribution in Disguise Carl G. Estabrook The Politics of the Useful Threat: It Didn't Start with the Neo-Cons Paul Craig Roberts The Party of Brownshirts Uri Avnery Blood on Our Hands Ralph Nader Where Are the Cries of Outrage Over Military Rapes? Eamon McCann Shame of the Empire: Simon, Sir Bono and Tinkerbelle Lee Sustar Decoding the Democrats Mike Whitney Trouble in Squanderville: Bubble People and the Faith-Based Market Don Fitz Solar Capitalism? Stephen Lendman Ecuador Votes for Revolutionary Change Website of the Day Black Mesa Water Coalition   April 14 / 15, 2007 Alexander Cockburn Ho Industry Whores Jorge Mariscal Gen. Petraeus's Field Manual: a Traveler's Guide to Big Muddy Jeffrey St. Clair The Beautiful and the Dammed: How the West Got Flooded Dave Marsh The Imus Affair, Hip Hop and Politics Dr. Trudy Bond Shrinks, Lies and Torture: How Psychologists Became the Pentagon's Bitches Joe Bageant A Feral Dog Howls in Harvard Yard Fidel Castro The Terrorist Walks Alfredo Molano "More Than Complicated" Alan Farago When Miami Crashes Michael Neumann Anglophone Fantasies and French Realities Fred Gardner Barbara McNair's Unsung Heroism: Bringing Down the Owner of EST Ron Jacobs A Conversation with Three Iraq Veterans Against the War Gail Dines Racy Sex, Sexy Racism Linda Ford Imus and Lady Hoopsters: a Long History of Bias Against Women Athletes Missy Beattie What Would Imus Do?: Iraq, Ho, Ho, Ho Dan La Botz Farm Labor Organizer Murdered in Mexico Giuliana Sgrena The Lies of Mario Lozano Laura Carlsen A Moratorium on Free Trade Agreements Abu Spinoza Wolfowitz's Real Crimes Elizabeth Schulte Grinding It Out with Quentin Tarantino Poets' Basement Davies, Harley, Engel and Landau Website of the Weekend Vonnegut's Final Interview   April 13, 2007 Patrick Cockburn The Shattering of Mosul Stephen Soldz Aid and Comfort for Torturers: Psychology and Coercive Interrogations in Historical Perspective George Ciccarriello-Maher The Failed Chávez Coup: Five Years On Laith al-Saud Kirkuk, Oil and the Kurds Dave Zirin Memo to Imus John Ross Drawing a Line in the Heartland Ramzy Baroud America as Proxy Harvey Wasserman The Novelist Who Hated War: Peace Be With You, Mr. Vonnegut Lopez, Olivo and Garcia Columbia University's Two-Tiered Punishments Dols, Fukumori, Judd and Tillett-Saks Columbia: On the Wrong Side of Justice Website of the Day Democrats: an Iraq Scorecard   April 12, 2007 JoAnn Wypijewski We May be Rid of Imus, But We're Still Stuck with the Culture Paul Craig Roberts Big Profits from Big Brother Marjorie Cohn U.S. Attorneys and Voting Rights Evelyn Pringle Bush Family War Profiteering: Will Congress Finally Cut Them Off? Ron Jacobs God Bless You, Mr. Vonnegut Norman Solomon The Awful Truth About Hillary, Barack and John Joe DeRaymond The Release of Dennis Counterman: The Justice Game, the Alford Plea and Death Row Nicola Nasser Squeezing Palestinians into an Impossible Mission Nikolas Kozloff Chile, a Country Geographically Located in South America "By Accident" William S. Lind Horatio Hornblower's Worst Nightmare Siegfried L. Sassoon A Statement Against the Continuation of the War Website of the Day Where You Want This Killin' Done?   April 11, 2007 R. T. Naylor Quebec's Lessons for the US: How "Wars on Terror" Should be Fought Vijay Prashad The Generation of IEDs and iPods Patrick Cockburn The Myth of Tal Afar Winslow T. Wheeler When Will the War Money Really Run Out? Jack Balkwill Prison for a Peacemaker: A Vietnam Vet Interviews Kathy Kelly Alan Farago Florida's Fundamentally Weak Environmental Movement Russell D. Hoffman The Carbon Offset Tax is Just Another Nuke Bailout Peter Rost, MD The Fine Print on Drug Industry Kickbacks Mike Whitney Doomsday for the Greenback? Dave Lindorff Torture and Selective Outrage Susie Day Peter Pace Porks a Peck of Pinko Perverts Website of the Day Save the Internet!   April 10, 2007 James G. Abourezk How Syria Helped the US in the "War on Terror"-and How Bush Said "Thanks" Earl Ofari Hutchinson Why Imus Should be Fired-And Why He Won't Be Joshua Frank Democrats for War Lee Sustar How Concessions by UAW Lost Jobs Joseph Grosso Tiger Woods in Dubai: Luxury and Exploitation Nirmal Ghosh China and the Fate of the Tiger Robert Jensen Impeach the System Ramzy Baroud Not an Intellectual Squabble Paul Rockwell History Will Vindicate Lt. Ehren Watada Mario Joseph and Brian Concannon Solidaridad? Chávez in Haiti Fred Wilhelms Why the New Royalty Rates Hurt Artists Website of the Day Thaw!   April 9, 2007 Saul Landau Whining Imperialists Uri Avnery Shalom, Shin Bet Nicole Colson Sami Al-Arian's Nightmare: an Interview with Nahla Al-Arian Gideon Levy Israel Does Not Want Peace Corporate Crime Reporter Big Coal Invokes Reverse Nuremberg Defense Evelyn Pringle The Surge in Casualties Hill Kemp Mega Lessons from Iraq War, Year 5 Martha Rosenberg Monsanto's Desperate Plea: "Regulate Our Competitors!" Keith Rosenthal Behind Boston's Recent "Crime Wave" Jane Stillwater Green Zone Cabin Fever Website of the Day Support Norman Finkelstein April 7 / 8, 2007 Alexander Cockburn Dead Dogs Don't Bleed: How Giuliani Lost America Sara Roy A Jewish Plea Arno J. Mayer Back to Cleopatra's Nose: Bush-Bashing and Empire's Onward March Jeffrey St. Clair In the Realm of the Grizzly Kings Vicente Navarro Why Huntington and Beck Are Wrong Fidel Castro Where Have All the Bees Gone? And Other Reflections on the Internationalizaton of Genocide Fred Gardner Medical News from the Business Pages Ralph Nader The IRS Owes You Money David N. Rahni Test Tube Zealots: American Chemical Society Purges Iranian Chemists Arthur Neslen When an Anti-Semite is Not an Anti-Semite Pratyush Chandra Joseph Stiglitz's "Another World" Missy Beattie Enough Already! The Politics of Exasperation Marc Levy A Beginner's Guide to Combat Poets' Basement Reiss, Holt, Orloski and Louise Website of the Weekend Reactor Man   April 6, 2007 Franklin Lamb Why is Hezbollah on the Terrorism List? Gloria La Riva On the Case of the Cuban Five and Luis Posada Carriles Corporate Crime Reporter The Politics of Coal in West Virginia Ron Jacobs Good Friday, Beethoven and Patti Smith Felice Pace Simon Says: The Pro-Israel Bias of NPR Walter Brasch Treason in the White House? David Swanson Heroes, Sung and Unsung Sylvia Syracuse Roadside Rampage: Salvadoran Murders in Guatemala April 5, 2007 Patrick Cockburn A De Facto Hostage Exchange Tom Barry The Fred Thompson Factor Richard W. Behan Congressional Complicity Nicola Nasser Playing US Politics with Iraqi Blood for Oil Bernadine Dohrn The New and Old SDS: Convergence Not Division Laray Polk Lucky Dragon: Does the World Really Need a New H-Bomb? Helen Redmond Female Chauvinist Pigs?   April 4, 2007 Col. Dan Smith "Have You No Sense of Decency?": the Tillman Affair and the Moral Decay of the Army Joshua Frank Democratic Blood Money: Sen. Feinstein's War Profiteering Margaret Kimberly Of Confessions and Torture Sharon Smith Circuit City's Guinea Pigs: the Latest Trend in Corporate America Jeff Cohen and Norman Solomon The Martin Luther King You Don't See on TV Martin Luther King,Jr. Beyond Vietnam Bill Quigley Incident at Fort Huachuca, the Army's Torture Training Center Dave Zirin Picking Chicago's Pockets with the Olympics Evelyn Pringle Drug Companies Want Women of Childrearing Years Peter Rost, MD Pfizer's Puny Fine Website of the Day Crash of the Honey Bees   April 3, 2007 Patrick Cockburn US's Bungled Plan to Kidnap Iran's Top Spook Prompted hostage Taking Marjorie Cohn Coming Up Short on Habeas Corpus for Gitmo Detainees Brian M. Downing The Army's Road to Iraq Corporate Crime Reporter Coddling Pfizer: Praise the Criminal, Dis the Whistleblower Carol Norris A Psychologist on Sexual Assault: Yes, Virginia, There is a Sollution Ralph Nader Tailpipe Blues Dave Lindorff I Quit: A Movement of One (Or a Maybe a Million) Scott Bontz The Great Depletion Thomas Dolby Stevie Wonder, Marvin Gaye, Racism and the National Anthem Website of the Day Cockburn on BookTV April 2, 2007 Gary Leupp A Bogus Hostage Crisis Uri Avnery Condi in the Middle East: Olmert and the Pussycat James Petras Palestine: The Political Economy of a Disaster Norman Solomon McCain in Baghdad: Walking in McNamara's Footsteps Robert Fisk War of Humiliation Stanley Heller A Neocon Looks Two Conquests Ahead: The Ravings of James Woolsey Sherwood Ross How the Pentagon Cheats Iraq Vets Out of Medical Care and Disability Pay Monica Benderman On Keeping Men Alive: Report from Ft. Stewart Stephen Fleischman Winners and Losers in a Dog-Eat-Dog System Anne McElroy Dachel Never Mind the Mercury Website of the Day Midwestern Common Sense on the War March 31 / April 1, 2007 Cockburn / St. Clair That Was an Antiwar Vote? Fred Gardner How Corrupt is Malcolm Gladwell? Shilling for Enron and Breast Cancer Greg Moses The Pirates of Homeland Security Gary Leupp 300 vs. Iran (and Herodotus) Robert Fisk Shakespeare and War Roger Morris The Politics of the Witch Hunt Conn Hallinan The Price of Fire: Oil, Water and Resistance in Bolivia Kristin J. Anderson A Protocol for Death Jason Hribal California's Most Unhappy Cows John Ross Strange Fruit Down South Christopher Brauchli Bush and the Politics of Falsehoods: If You're Going to Lie, Lie Big David Underhill War Breeds Stranger Bedfellows Elizabeth Schulte The Pentagon's "Don't Ask" Disaster Ben Terrall Time for Lula to Stop Doing Bush's Dirty Work in Haiti Missy Beattie Guess Who Isn't Coming to Dinner: The Story of King Abdullah and the O-Word Sonja Karkar How Palestine Became Israel's Land Daniel Wolff Have You Heard the News? David Vest A Romanian Jazz Rebel Drops a Bomb on Paris Ron Jacobs Wynton Marsalis Checks In on the Land That Never Has Been Yet Poets' Basement Davies, Holt, Wigley and Landau Website of the Weekend Kansas City Rocks     Subscribe Online

May 7, 2007 And This Time It's Secret! Another Royalty Forfeiture From SoundExchange By FRED WILHELMS Maybe they though no one would notice with all the furor over the Internet Radio rates. And maybe they just don't care about artists as much as they want you to believe. The wonderful folks at SoundExchange have apparently decided that they need more ready cash to fund their publicity campaign in favor of the universally despised CRB Internet Radio royalty rates. They've decided to drain more money from the accounts of artists they haven't been able to find. That's right. There's another forfeiture scheduled, and this time they didn't even bother to issue a press release about it. On June 30, 2007, less than sixty days from now, artists who have managed to evade that super-efficient SoundExchange dragnet up to now will stand to lose all royalties collected on their behalf for broadcasts between April 1, 2000 and October 31, 2002. There are 8,353 of them. This still represents better than 20% of all the artists they collected for during that period. About 6,000 are carryovers from the last forfeiture, when SoundExchange sucked up the royalties for broadcasts up through March 30, 2000. That forfeiture happened last December. Those artists probably had performances broadcast in the new period, too, even though SoundExchange now gets to spend the earlier money. Or, as it now appears, they get to spend 70% of those royalties. Buried on the SoundExchange website, right after the announcement of the new forfeiture (you have to look hard, it's printed in 8-point type in the middle of a paragraph), is an announcement that SoundExchange didn't completely rob those artists in the earlier forfeiture. According to the statement, SoundExchange has established a reserve with 30% of that money which is available on a first-come, first-served basis to artists and labels that lost money in December. I guess taking 70% of a musician's money, and then holding the rest to pay out to some artists, is so much more "artist-friendly" than taking it all at once, especially as they are only able to take the money because they couldn't find the musician in the first place. I don't see how the percentages make much of a difference to the artists who aren't getting any of the money. If you get mugged, it is cold comfort to discover the thief left your shoes when he took your wallet. Under this new arrangement, you're going to lose your shoes eventually unless you figure out who the mugger was on your own. That fine print is the only formal announcement regarding the creation or existence of the reserve. Of course, you only know about the reserve if you read the fine print. You only read the fine print if you go past the home screen on the SoundExchange website to get to the list of artists they can't find. And, of course, you only bother to go the SoundExchange website to check the list of artists you can't find if you know it is there. But then, John Simson has explained that it really isn't SoundExchange's job to find all these people, anyway. You see, according to Simson, SoundExchange is like a bank, and it is up to the depositors to inform the bank where they are, and the bank isn't obligated to go looking for them. Of course, banks don't get to open accounts for people who don't know the bank exists, and banks haven't promised the government they would find the people they collect money for. These are obviously minor details for Simson. And we all know how much effort SoundExchange has put into getting this news out. SoundExchange very helpfully posts every one of its press releases on its website. There isn't one hint that this money is there. You might think that SoundExchange really doesn't want to make much of an issue about their inability to find artists, especially right now when they are trying to convince everyone that driving thousands of Internet radio stations (that play a lot of the artists that SoundExchange can't find) is really good news for artists. Obviously, SoundExchange would obviously rather focus their public relations efforts on stuff that maximizes the money they get, like the new royalty rates, rather than increasing the money they pay out. The charm of this philosophy, of course, is the more money they take in, and the fewer artists they actually find, the more money they get to absorb into their own operational budget. From there, it will go to such pro-artist activities as more press releases saying how pro-artist they are, more lobbying efforts to counteract the near universal outrage at the CRB rates, and more of that brilliant "statistical analysis" by their own executives that can't even establish how many paying Internet services there are. One of the strangest aspects of this whole "unfound" artist mess is what SoundExchange hasn't tried as part of their campaign to locate people who are owed money SoundExchange is holding. They say they have 26,000 artists signed up. They have never asked them, in any organized fashion, to help find their peers. I know that because I have clients who send me every communication they get from SoundExchange. Given that all those royalties SoundExchange is holding are derived from Internet broadcasts, it strikes me as odd that all the "outreach" they say they are doing doesn't involve reaching out to those communities on the Internet where musicians, and fans of musicians can be found. There are websites, forums and message boards that focus on every conceivable creative niche. There are literally millions of people who would love nothing more than to help the artists they love get paid. I saw this happen in hundreds of cases last fall during the first forfeiture, but SoundExchange has completely missed the boat on this. Maybe that's just the way they want it. There certainly isn't any evidence they are making a real effort. Those 8,353 names on the new list tells me they aren't. And how much are those "missing" artists owed? Well, SoundExchange COO Barrie Kessler, the author of that "statistical analysis" says the average annual payout to artists is $360. The period subject to default is 30 months long, or two-and-a-half years. 8,353 x $360 x 2.5 = $7,517,700.00. Of course, that number requires you to believe the average annual artist payout is $360. As SoundExchange doesn't release any of that information, and Kessler has proven herself capable of delivering conflicting information within a single press release, you can believe that total at your own risk. But even if SoundExchange, in another artist-friendly frenzy, decides to take only 70% of that money, that will still come to more than $5 million taken from artists and put in their own pocket. So, except for the fact that they are keeping everything a secret this time, we're back exactly where we were last September, when SoundExchange announced the first forfeiture for "unfound" artists. Thousands of artists are going to be deprived of money they've earned because SoundExchange hasn't been able to find them. SoundExchange gets to keep the money they don't pay to the artists they can't find. It has to be fuel for great summer daydreams at SoundExchange. Thousands of webcasters driven away. The unfettered ability to strike deals with the surviving outlets so that the RIAA labels get paid directly and even the artists that have registered won't get paid. Thousands of other artists ignored. Millions of dollars in forfeited funds available to spend as they want. The future looks bright for John Simson and company. It is time to stop listening to what they say they are doing, and time to start paying attention to what they are actually doing. Fred Wilhelms is a lawyer who represents musicians and songwriters. He can be reached at: fred.wilhelms@gmail.com

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