Re: Should Howard be brought up on charges for this call?



On Mon, 15 Aug 2005 08:34:39 -0700, Michael <jandm16@xxxxxxxxxxx>
wrote:

>Pariah wrote:
>
>> 10:30 AM Monday.
>>
>> Phony Paid Caller: "Hey Howard, I already got my eh-eh-eh, and I
>> can't tell you how great it is. Best purchase I ever made. You guys
>> are going to be groundbreaking over there. And that In Demand, what a
>> great idea. I can watch the shows when I get home after work. That's
>> fantastic!"
>>
>> Howard: "Thanks!"
>>
>> Can anyone legitimately explain why this is not considered payola, a
>> federal crime (47 U.S.C. § 508)? Why shouldn't Howard be thrown off
>> the air immediately, with no pay? Why not haul him off to jail with
>> Cabbie? The money involved in Howard's crimes amounts to a hell of a
>> lot more than Cabbie's crimes ever did.
>>
>> I'm sure the phony caller would turn evidence against Howard if called
>> to testify. Any jury who hears this clip, or any of the thousands of
>> other similar calls, would convict.
>
>I think payola is when someone (in this case, the main person on a radio
>show) is paid to do something, be it play a song, $hill a product, or
>even promote a certain point of view.
>
>In this case, it's more like H is paying someone else to call in to the
>show to pimp things for him.
>
>I'm not sure that that's illegal. Might be against his Infinity
>contract, since they DID tell him to stop with the Sirius $hilling and
>"eh EH eh" has been code for "Sirius" for so long now.
>

Maybe it doesn't fit the exact definition of the federal crime, but it
has the same net result: Howard is attempting to create wealth for
himself, and TWO other entities in which he has a stake, by abusing
federally regulated airwaves.

If I were K-Rock, I'd start each segment with at least 20 minutes of
buffer, and dump Howard off the air immediately as he begins to shill
for Sirius/In Demand. 5 or 10 minute shills, like this call led
into... just completely gone. It's certainly within their rights, and
they're performing a service for the listeners who must endure them.

Of course, by the time you add up all the time Howard spends shilling,
each day's show will end about 2 hours earlier. But not a single
person will complain... except Howard.
.