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Promoting progress or rewarding authors? Copyright law and free speech in Bonneville International Corp. v. Peters

I. INTRODUCTION

As a broadcast medium, radio traditionally has been subject to government regulation that would be prohibited by the First Amendment if applied to other speakers.1 Although the factors that justify speech-infringing regulation of radio broadcasters "are not present in cyberspace,"2 delivery of radio content on the Internet was met almost immediately with government regulation that threatened its existence.3 In mid-2001, Judge Berle Schiller of the Eastern District of Pennsylvania ordered Salt Lake City's KSL 1160 AM and other stations around the country to pay millions of dollars in royalties to record companies for the privilege of continuing to make radio broadcasts ...

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