Sirius, Stern piracy escatates

The illegal rebroadcasting of the Howard Stern Show and other content from Sirius’ Howard 100 is a problem that is not going away.

Since Jan. 9, when Stern debuted on Sirius, pirated versions of the shows have been made available for free via several online file-sharing networks just hours after Stern signs off. The New York-based broadcaster signed Stern to a five-year, half-billion-dollar contract in 2004.
Sirius is furious.
“We don’t condone the stealing of Howard’s show, or any of the content on our more than 125 channels,” Sirius spokesman Patrick Reilly said. “We vigorously protect our intellectual property rights, and we will actively prosecute those who attempt to steal it.”

Of course Sirius expects Howard to step in and discourage this activity, but that comes with its own risks:

Just as the rock band Metallica experienced when it first came out against illegal downloads of its music, Stern risks sparking a backlash. After all, this is the man who built his in-your-face persona around flogging federal regulators, who he claimed were the enemies of creative expression.

To best solve this conundrum, I give the following advice to Howard. Make a statement to your listeners, but make it an honest statement that plays to their sensibilities. Discourage illegal downloading and pirate broadcasts, but use these points:

1) Sirius is a great, new company that gives premium content to its subscribers. Howard sincerely believes that Sirius is the future of radio, and they took a huge gamble on him. If his listeners don’t come through for Sirius, the fledgling media may not get the boost it needs.

2) Sirius is a big company, but they are not making a profit and never have. Without new subscribers, there is a very real chance that they will fail. They really do need the money, unlike the record labels who have been abusing their customers for so long.

3) The best way the fans can support Howard and ensure that he continues doing his show for years to come is to subscribe to Sirius. He’s burned too many bridges to go back to Clear Channel, and Howard himself has invested a lot of himself in Sirius. Not monetarily, the opposite is true, but he’s invested his faith and energy into the company. Stern’s listeners should want to see Sirius succeed since they gave Howard a chance to be himself on the air again.

And to Sirius, I suggest not prosecuting. It didn’t work for the record labels and it won’t work for you. You want to look like the good guys.

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