Phil cracks me up with his “deep” legal background, even by UK standards.
That said, Digital DJ Tips is a phenomenal resource. Just wish he’d stay in his wheelhouse.
Unless you live in China (who doesn’t respect international law in these areas) it doesn’t really matter where the stream is originating from, but where it’s being “performed” and/or “recorded”.
The ONLY reason that we haven’t seen active litigation is because they have all ended in pre-litigation settlement (even if not publicized).
Often this leads to bankruptcy over legal fee’s, or a deal was struck for acquisition (Chew) but eventually, everyone get’s the letter. I guess if we want to be the first platform NOT to cease & desist we could define case law on the topic moving forward but I doubt it would be in our favor.
The only way that MixCloud can offer what they claim is to have a negotiated agreement licensing the “performance” of given labels works on the platform. This is cost prohibitive to say the absolute least and is the reason no one else makes these claims.
No free lunch guys, the way Armin and other’s at that level do it is because they are label bosses and own the rights to all the music that is good in their genre. I absolutely detest that model of business in this industry but it’s 100% how you “succeed” by certain standards.