Author Topic: WOXY closing up shop.  (Read 1511 times)

ggw

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WOXY closing up shop.
« on: August 31, 2006, 04:26:00 pm »
Listeners, fans and friends,
 
 This sucks.
 
 This is the moment all of us hoped would never come. After plugging away at this for the past two years, itâ??s become pretty clear that operating woxy.com as a stand-alone Internet "radio station" is not going to cut it. Our operating costs are higher than you might think, and the revenue we were able to generate from advertising isnâ??t close to supporting what weâ??re doing. Even membership revenue wasnâ??t enough to get us there. When your business doesnâ??t make money, you eventually go out of business.
 
 With this in mind, weâ??ve been looking for either a significant partner â?? someone with a larger plan into which woxy.com could be plugged â?? or an outright buyer. That search hasnâ??t been fruitful. Weâ??re still willing to entertain offers and explore possibilities (email bryan@woxy.com), but our time is short. We thought it was time to share our situation with you ... to give you a heads-up.
 
 You might be saying, "What can I do to help?" Unfortunately, unless you have significant investment capital and a way to profit from the wonderful programming we create, you canâ??t. As of today, we will no longer be selling or renewing memberships or accepting contributions. Please donâ??t send us money ... it will just mean we have to send it back to you.
 
 Now is a good time to say THANK YOU to our incredibly patient, generous and kind angel investors. Without them ... well, we wouldnâ??t have had the chance to even be in the game. Theyâ??ve enabled everything weâ??ve accomplished over the past two years, and for that, they are saints to indie rock lovers everywhere.
 
 We did investigate an alternative: stripping our operations to the absolute bare minimum by cutting back to one staffer, no more DJs, no more Lounge Acts, etc. We decided it wasnâ??t worth it. It wouldnâ??t have been true to what woxy.com is, and it wouldnâ??t have honored the legacy of 97X.
 
 While woxy.com may have failed in a business sense, weâ??re pretty proud that we managed to put out some of the most passionate, unique and interesting programming on the Internet and elsewhere. We showered love and airplay on countless bands who otherwise would have received none, garnered national press attention and hosted nearly 200 live Lounge Act performances. Not too bad for a little, four-person Internet radio station from Cincinnati.
 
 A radio station is only as big as its listeners make it. Weâ??re not BS-ing when we say that you guys, our supporters, are the most amazing people on the planet. THANK YOU. The dedication and enthusiasm youâ??ve shown for what we do is staggering and inspiring. Thank you to everyone who stepped up to become a member, generously made a contribution, emailed (spammed) your friends, spread the gospel of woxy.com and â?? most of all â?? listened.
 
 Barring something exceptional happening in the next two weeks, we will silence our broadcasts on Friday, September 15th.
 
 Sometimes no matter how hard you try and how special the thing you do, it simply isnâ??t enough to beat the odds. Itâ??s the cold reality of business that not even we could escape. When September 15th comes, weâ??ll meet it proudly with heads held high and celebrate the past two years of woxy.com and the spirit of 97X. For those lucky enough to have been part of it, The Future of Rock and Roll will forever be in our minds and hearts.
 
 So enjoy these last two weeks with us. Shall we rock?
 
 Eternally yours,

amnesiac

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Re: WOXY closing up shop.
« Reply #1 on: August 31, 2006, 05:19:00 pm »
Well, that really sucks. Besides my ipod, that's pretty much all I listened to at work for the past 3 years...

delancie

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Re: WOXY closing up shop.
« Reply #2 on: August 31, 2006, 09:54:00 pm »
I'm not sure how many people here are gonna be interested in this, but you know ... having read and re-read WOXY's unsigned music submission agreement form about a million times, this could be more than just unpleasant news for some of the bands who submitted their music to WOXY.
 
 I'm going to sum this up and provide my legal analysis of the situation: The agreement states that WOXY is granted a royalty-free license to take your music and reproduce, distribute, publicly perform, post for download, edit, modify, etc...
 
 Now, this is probably okay because we all know WOXY isn't out there to write a lopsided agreement and screw the bands -- HOWEVER -- the last clause in the agreement states that the entire thing is transferrable to anyone at any time without the artist's consent.  That means if Clearchannel came in and bought WOXY, they would all of the sudden pick up royalty-free rights to a bunch of music.  So, depending on the evilness of the company that purchases WOXY (if there is one), this could really suck for some bands.
 
 For the most part, I don't think anyone should be worried (Also -- I'm willing to bet the "SIGNED band" music agreement looked much different than the "UNSIGNED band" one), but I thought it was an interesting twist to this.
 
 The whole agreement is here if anyone wants to look at it:  WOXY Unsigned Music Submission Agreement http://www.woxy.com/media/files/XALTMusicSubmissionAgreement.pdf

ggw

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Re: WOXY closing up shop.
« Reply #3 on: September 01, 2006, 09:39:00 am »
"You may terminate this Agreement at any time by notifying us in writing.
 
 
Quote
Originally posted by delancie:
  I'm not sure how many people here are gonna be interested in this, but you know ... having read and re-read WOXY's unsigned music submission agreement form about a million times, this could be more than just unpleasant news for some of the bands who submitted their music to WOXY.
 
 I'm going to sum this up and provide my legal analysis of the situation: The agreement states that WOXY is granted a royalty-free license to take your music and reproduce, distribute, publicly perform, post for download, edit, modify, etc...
 
 Now, this is probably okay because we all know WOXY isn't out there to write a lopsided agreement and screw the bands -- HOWEVER -- the last clause in the agreement states that the entire thing is transferrable to anyone at any time without the artist's consent.  That means if Clearchannel came in and bought WOXY, they would all of the sudden pick up royalty-free rights to a bunch of music.  So, depending on the evilness of the company that purchases WOXY (if there is one), this could really suck for some bands.
 
 For the most part, I don't think anyone should be worried (Also -- I'm willing to bet the "SIGNED band" music agreement looked much different than the "UNSIGNED band" one), but I thought it was an interesting twist to this.
 
 The whole agreement is here if anyone wants to look at it:  WOXY Unsigned Music Submission Agreement  http://www.woxy.com/media/files/XALTMusicSubmissionAgreement.pdf

delancie

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Re: WOXY closing up shop.
« Reply #4 on: September 01, 2006, 12:42:00 pm »
I know it SAYS you can terminate the agreement at any time, but that is immediately followed with the following sentence: "Sections 1, 4, 5, 6 and 7 of this Agreement survive."
 
 That essentially  means "you can terminate this agreement at any time, however the entire agreement still remains alive and well."
 
 Roughly translated: "You may not terminate this agreement ever."