Commercial music in podcasts: the end of free expression?

PodShow is a new service that talks music labels into licensing their music for free playback on podcasts. So far, so good.

The problem is that in return for access to PodCast music, you agree to a license that prohibits you from referencing "software piracy (warez, cracking, etc.), hacking, phreaking, emulators, ROM's, or illegal MP3 activity" or saying anything "deemed unsuitable or harmful to the reputation of PodShow or the Licensor."

This is pretty nuts. Since when does the guy who provides the music to the radio station get to dictate what you're allowed to talk about? Is the price of commercial music in a PodCast that you have to yield unlimited, arbitrary editorial control to a music label?

And it gets worse — under the terms of the license, you also agree to pay legal costs and damages to PodShow if you say something that gets them sued — even if the judge eventually finds in your favor.

If that's the deal, count me out. I'll go on listening to podcasts with CC-licensed music in them.

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