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TiVo-like Application for XM Radio Under Fire

Strudelkugel writes "USA Today reports: 'Catching Blondie's reunion tour broadcast at 4 in the morning wasn't an option for XM satellite radio subscriber and single father Scott MacLean. "I was missing concerts that were being broadcasted when I was asleep or out," he said. So the 35-year-old computer programmer from Ottawa, Ontario, wrote a piece of software that let him record the show directly onto his PC hard drive while he snoozed.' As expected, the lawyers are coming out. Seems like a good idea, though. This capability might actually entice me to get an XM radio."

415 comments

  1. Bleh by Anonymous Coward · · Score: 5, Insightful

    They're just upset because they're planning on introducing a similar feature in a couple months. I don't see how this is much different than something like Total Recorder. Just recording for yourself (time shifting) is perfectly legal fair use.

    1. Re:Bleh by crtfdgk · · Score: 0

      So he writes a program to do something that lawyers will obviously get on his case for, and then tells a ton of people

      However, I would be surprised if they offered such a feature, simply because of things like this. It's just one more way for people to try and do things legally but get hit by DRM and whatnot. It's becoming unpopular business.

      --

      $> man woman
      $> Segmentation fault (core dumped)
    2. Re:Bleh by goosman · · Score: 1

      Anyone have a link to his software? I use and like TotalRecorder, but I'd love to have a look at what he did.

    3. Re:Bleh by goosman · · Score: 5, Funny

      I will RTFA, I will RTFA, I will RTFA.....

      http://www.nerosoft.com/TimeTrax/

    4. Re:Bleh by Anonymous Coward · · Score: 1, Insightful

      Agreed, they're just pissed that their big product launch, which has presumably cost them millions of dollars, has been pre-empted by a guy working in his proverbial garage.

    5. Re:Bleh by waynelorentz · · Score: 4, Interesting

      I don't see why anyone is so upset about this. I already do this with Sirius Satellite Radio.

      All Sirius subscribers have a login and password so they can stream Sirius channels over the internet when they're away from their satellite tuners (at work, in a different room of the house, etc...) I just start the stream and set a timer on one of the many OS X programs that does timed recordings of whatever's playing through the audio channel. I wake up and in a few minutes convert it (depending on the program I use) and move it to my iPod for listening on the train on the way to work.

      I don't have XM, so I don't know if this method is also possible with it. If so, then the lawyers simply can't stop this.

    6. Re:Bleh by scottj · · Score: 3, Informative

      What really doesn't make sense about this is that I have hardware that does this already. DISH Network broadcasts Sirius satellite radio along with all of the other music channels. And there's no problem with recording it on my DISH PVR. So I suppose XM is probably just upset because they didn't think of it first.

      --
      .-.--
    7. Re:Bleh by Spy+Hunter · · Score: 4, Insightful
      They're upset because it automatically cuts up the recording by song, tags it with all the correct artist info from XM's broadcast, and encodes it into an MP3 ready for sharing. If it didn't produce nicely packaged song MP3s, they probably wouldn't care nearly as much (though they might still be assholes and shut this guy down for competing with their upcoming vaporware).

      You may be right that they lawyers can't stop this, but they sure can sue over it. You signed some sort of subscriber agreement for your service and it probably gives them power to prohibit you from doing anything they don't want you doing. Rest assured, if the agreement didn't prohibit unauthorized recording before, it will now. Whether it gives them jurisdiction over this guy's business is questionable, but if he used any SDK of theirs in producing his software then he's probably bound by some agreement. The lawyers can use that to beat him into submission with some lawsuits (valid or not, probably doesn't matter).

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    8. Re:Bleh by Elvon+Livengood · · Score: 4, Informative

      I will RTFA, I will RTFA, I will RTFA...

      But TFA is in USA Today. Who'd think there was any more information than the /. blurb?

    9. Re:Bleh by Lowridah · · Score: 2, Informative

      On top of this, you can also record it out the digital out flawlessly. I used to do this regularly with a minidisc player and a toslink cable. You can also rip it to your PC with utilities available on the yahoo group dishrip.

    10. Re:Bleh by i_want_you_to_throw_ · · Score: 2, Informative

      You signed some sort of subscriber agreement for your service and it probably gives them power to prohibit you from doing anything they don't want you doing

      I have XM and I didn't sign anything.

    11. Re:Bleh by Anonymous Coward · · Score: 0

      The software developer in this case does have XM, but there is nothing to say that some other software developer *without* XM him/herself couldn't do the same thing. All they need is the correct info to build the program, but that doesn't mean they subscribe to the service. In terms of SDK, you could do this without an SDK through reverse engineering (I'm assuming that this wasn't even that hard anyway). So, no legal barrier at all in the right circumstance. XM is dumb for going after him. I wouldn't be surprised if they try to settle by buying his company and using the software themselves. I would think about getting XM if I could do the recording like this guy has set up, as I'd like to build a library for MYSELF. Duh.

    12. Re:Bleh by boschmorden · · Score: 1

      This software is VERY cool. Howard Stern has recently returned to Houston from 6am to 10a. Unfortunately I get up at 7:15, out the door by 8 and only have 30mins to listen to him until I get to work. So what I've done is take a normal AM radio, connect the headphone out to the line-in of my soundcard and utilize Total Recorder to record the shwo from 6 to 10. Total Recorder is so cool because it can automatically encode my broadcast to mp3. Then all I have to do is Terminal Service in, scp it to my work and voila. Howard Stern daily mp3. Props to the High Criteria folks, live savers they are.

    13. Re:Bleh by waynelorentz · · Score: 1

      They're upset because it automatically cuts up the recording by song, tags it with all the correct artist info from XM's broadcast, and encodes it into an MP3 ready for sharing

      Ah, well, that's a whole other kettle of fish. Color me informed.

      I imagine with the proper shell script and enough radios you could share XM's entire music library on the P2P network of your choice. I'd be a little peeved, myself.

    14. Re:Bleh by Spy+Hunter · · Score: 1

      Well maybe you didn't use a pen to write your name on a piece of paper for them, but I'm sure you're bound by some sort of subscriber agreement.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    15. Re:Bleh by buck_wild · · Score: 1

      "...and encodes it into an MP3 ready for sharing."

      I think that assumption is the root of this issue. Everyone assumes that the resulting recording will be shared.

      --
      If all you have is a hammer, everything looks like a nail.
    16. Re:Bleh by Fnkmaster · · Score: 1
      EULA == contract of adherence == can't likely impinge on fair use rights in America. However this guy is in Canada, and their legal system is somewhat different.


      I don't know what they think they could do (sue for damaging their relationship with the RIAA by your breach of contract, I guess). Nonetheless, they are still free to axe your subscription and blacklist you for violating their unilaterally imposed, non-negotiable, unsigned agreement. I think that's what users of this software are afraid of - if somehow XM sues this guy successfully and gets access to his customer database, they can figure out who is who (he supposedly is storing only hashed subscriber IDs, not the actual IDs, but if they seize his source code and the like, it would probably be pretty trivial for them to figure out which subscribers purchased this software and axe of all their accounts for presumed violation of subscriber agreements. Now that would seriously (Siriusly?) suck.

  2. Wow... by Kenja · · Score: 0, Offtopic

    Wow. So this is the buy that wrote Microsoft Sound Recorder?

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  3. A few bits.... by thewldisntenuff · · Score: 5, Insightful

    From TFA-

    Music labels fear that the convenience of MacLean's software will lead millions more to copy and distribute songs over file-sharing networks such as KaZaA, a music industry source said.

    "Millions more"? Aren't there a hell of a lot of people sharing music as it is? Something like 60 million people?

    Even if all 2.1 million subscribers jump on the bandwagon, 2 million subcribers (Q2 - 2004, XM website) seems like a drop in the bucket.....TFA states that only something like 2400 subscribers have gotten a copy. 400 have paid.....The RIAA's got plenty more people to sue, and an archaic business model to sustain......

    A thought though - if they aren't sharing, but only recording copies to listen to, doesn't that fall under fair use somewhere? Time shifting != illegal, right?

    "
    the Recording Industry Association of America said his organization had not reviewed the software, but said that in principle it was disturbed by the idea."

    Tell us something we don't already know......

    -thewldisntenuff

    1. Re:A few bits.... by st0rmshad0w · · Score: 2, Funny

      "Music labels fear that the convenience of MacLean's software will lead millions more to copy and distribute songs over file-sharing networks such as KaZaA, a music industry source said."

      I guess they missed Streamripper and others like it then... I'm surprised none of them has had a stroke yet from all the stress they give themselves.

    2. Re:A few bits.... by Anonymous Coward · · Score: 0


      Streamripper is fucking useless since most webcasts overlap songs anyway. And it does a shitty job guessing when one begins and one ends. Good idea, just doesn't work.

    3. Re:A few bits.... by grub · · Score: 4, Informative


      the Recording Industry Association of America said his organization had not reviewed the software

      Interestingly, the programmer is from Ottawa, Ontario, Canada. Out of the RIAA's jurisdiction.

      --
      Trolling is a art,
    4. Re:A few bits.... by Anonymous Coward · · Score: 0

      Not to be a pedantic hair-splitter, but .... the RIAA has no jurisdiction. The more we allow them to think that they do, the more the problem will perpetuate.

    5. Re:A few bits.... by Anonymous Coward · · Score: 0

      How would this proprietary program be any different? I use streamripper to timeshift music one so I can listen to it while I am at work and when I am commuting. Streamripper seems pretty good, but if songs are playing continuously, it has to pick =somewhere= to split them into songs. (Not to mention streamripper can rip into one huge file with no gaps if that is your thing.)

      Now, if my Rio Nitrus didn't suck ass and actually spun up the harddrive to grab the next song before the current one ends (eliminating the long and annoying gap), life would be sweet indeed. But, until they upgrade their firmware, I am screwed.

    6. Re:A few bits.... by Lead+Butthead · · Score: 1

      Interestingly, the programmer is from Ottawa, Ontario, Canada. Out of the RIAA's jurisdiction.


      However, that does not preclude RIAA launching a barrage of legal actions anyway and force him to either concede defeat or face financial ruin.
      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    7. Re:A few bits.... by kidlinux · · Score: 4, Informative

      You're right. We don't have the RIAA in Canada. Instead, we've got the CRIA! (Canadian Recording Industry Association)

      I'm sure they'd love to sue the pants off Scott MacLean too, fortunately our judicial system is a little more sane.

      The stuff the RIAA gets away with in the US just wouldn't fly in Canada.

      --
      -kidlinux.
    8. Re:A few bits.... by quantaman · · Score: 4, Insightful

      the Recording Industry Association of America said his organization had not reviewed the software

      Interestingly, the programmer is from Ottawa, Ontario, Canada. Out of the RIAA's jurisdiction.


      When I looked at this point I felt there was something slightly disturbing about it but wasn't sure what it was, after a moment it clicked. The RIAA isn't a law enforcement agency, they don't have a jurisdiction!!!

      How have we allowed a private organization to gain powers so great that we would confuse them with the police?

      --
      I stole this Sig
    9. Re:A few bits.... by shfted! · · Score: 1

      The RIAA has no jurisdiction! It's just an organisation/coalition of business. To say that is somehow has governmental powers is absurd!

      --
      He who laughs last is stuck in a time dilation bubble.
    10. Re:A few bits.... by tehdaemon · · Score: 3, Insightful

      Actually I would guess that this would result in fewer p2p traders, (but more variety on p2p!). Think about it for a moment. A chance to build up your music library without the risk of an RIAA lawsuit. (unless XM radio has the ability to detect and report this kind of recording - doesn't look like it.)

      --
      Laws are horrible moral guides, moral guides make even worse laws.
    11. Re:A few bits.... by kunjan1029 · · Score: 1

      haha We think that the RIAA is police....

      Notice: RIAA's jurisdiction

      LOL

    12. Re:A few bits.... by Anonymous Coward · · Score: 0

      Hopefully, the RIAA would sue him in Canada where they would have to foot his legal bills if they lose. (insert evil laugh)

      They would have a hard case as XM service does not exist in Canada, hence no commerical value in Canada. All he have to do is to "make sure" his customers are not from the states.

    13. Re:A few bits.... by grub · · Score: 1


      Fair enough, poor choice of words. :P

      --
      Trolling is a art,
    14. Re:A few bits.... by pla · · Score: 2, Funny

      The stuff the RIAA gets away with in the US just wouldn't fly in Canada.

      ...You mean like a tax on all blank recording media, regardless of intended use, that goes straight into the RIAA/CRIA's pockets?

      Oh, wait, we don't have that in the US. Sorry, nevermind.

    15. Re:A few bits.... by Anonymous Coward · · Score: 2, Funny

      Now he'll get sued if less than 80% of his MP3s are by Canadian artists...

    16. Re:A few bits.... by PunkPig · · Score: 1
      Not out of the CRTC's jurisdiction though. He should be tossed in jail and the key thrown away. It is highly illegal for Canadian citizens to aquire US sattilite signals...through any means.

      Also XM should cut his account since he is based out of Canada.

    17. Re:A few bits.... by Anonymous Coward · · Score: 0

      Shucks, I'm paying 2 cents more per blank CD! I'd rather pay that than have to settle for $3000-$8000 because the RIAA is suing me. I guess it's because we're a bunch of communists, but I like our system a lot better.

    18. Re:A few bits.... by Anonymous Coward · · Score: 0

      this guy (without me RTFA) sounds like some super pirate... he's in Canada, recording his XM... XM doesn't offer their service to Canadians... they don't have a licence!!

    19. Re:A few bits.... by Anonymous Coward · · Score: 0

      Does Canada have a national animal, if not, I'd suggest the leech.

    20. Re:A few bits.... by iantri · · Score: 2, Informative
      Oh yes you do!

      Yours currently applies to DAT and CD-R Audio (it was last revised in 1995), and is 3% of the price.

      Ours does not go straight to CRIA's pockets. The fee is collected by the CPCC and is distributed as follows:

      To Eligible Authors 66.0%
      To Eligible Performers 18.9%
      To Eligible Makers 15.1%

      Nice try.

      Meanwhile, we can point and laugh as Americans get sued by the hundreds for sharing music, while our Canadian courts say that CRIA has no right to subscriber contact info.

    21. Re:A few bits.... by silicon+not+in+the+v · · Score: 1
      Music labels fear that the convenience of MacLean's software will lead millions more to copy and distribute songs over file-sharing networks such as KaZaA, a music industry source said.
      They just can't get off that issue, can they? Don't they get it? They don't want to use this for file sharing; they want to record stuff to listen to later. This is one of the types of changes that can keep people from going to file sharing. People would pay $10 a month for a wide variety of songs and exclusive concerts and such that they could record. People are indirectly paying you for this through their XM subscriptions, and you STILL don't like it. What the heck is wrong with you?
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    22. Re:A few bits.... by 1011+1110 · · Score: 1

      f* that. The RIAA doesn't have jurisdiction. People, none of the "A"s in "RIAA" stands for "Authority" and the are not a law enforcement agency, regardless of what they want you to believe. 1011 1110

    23. Re:A few bits.... by iantri · · Score: 1
      PunkPig is actually right on this point, for any moderators out there.

      It sucks, it makes no sense, but you are right. Well, it isn't HIGHLY illegal but you could theoretically go to jail.

      Now I don't think that he should be tossed in jail for this (ESPECIALLY since he has paid XM for service, appearantly), but I would be curious why you think so, PunkPig?

    24. Re:A few bits.... by Eyes666 · · Score: 1

      The difference is that US CD-R 'data' cds are not taxed similarly. And since there is no appreciable difference between CD-R 'audio' and 'data' cds, it seems a bit silly.

    25. Re:A few bits.... by st0rmshad0w · · Score: 1

      No it just means the streaming stations you listen to are no better than the crappy radio stations that talk ove the beginning and end of each track or bleed on into the next.

    26. Re:A few bits.... by iantri · · Score: 1
      May I point out that the legislation was last updated in 1995.

      CD-R Audio contains an unwriteable part that identifies it to the crippled stand-alone audio CD writers that sold like a lead balloon..

    27. Re:A few bits.... by Doc+Ruby · · Score: 1

      "[T]ossed in jail and the key thrown away"? What do you do to people who steal things that actually reduce their owner's possessions when obtained by the thief, like a discman? Execution?

      --

      --
      make install -not war

  4. RIAA unleaches army of lawyers by rune2 · · Score: 5, Funny

    in 3, 2, 1...

    1. Re:RIAA unleaches army of lawyers by afidel · · Score: 4, Insightful

      The MPAA already lost that battle for them. There is no way that a device which has as its primary purpose time shifting can be contributory negligence unless the entire premise of Sony vs Universal is overturned by another supreme court ruling (which would be a travesty).

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:RIAA unleaches army of lawyers by WindBourne · · Score: 1

      Actually, I am guessing that RIAA is going to keep the army leaching.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:RIAA unleaches army of lawyers by Alsee · · Score: 3, Informative

      unless the entire premise of Sony vs Universal is overturned by another supreme court ruling (which would be a travesty)

      I agree it would be a travesty, but there is a very real risk of it happening. There are quite a few people who want to do exactly that, including several congressmen and even the head of the US copyright office. Sickening.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:RIAA unleaches army of lawyers by gstoddart · · Score: 1

      I didn't think you could actually unleach lawyers. =)

      --
      Lost at C:>. Found at C.
    5. Re:RIAA unleaches army of lawyers by fishwallop · · Score: 1
      Sony is not binding precedent in Canada, which is where this fellow lives. The Supreme Court of Canada has repeatedly stated (most recently in CCH v. LSUC) that American copyright law has little direct bearing here, because of our differing copyright statutes.

      Notably, contributory copyright infringement (not negligence) is not part of the Canadian copyright law. Instead, we reserve to the author the usual set of rights (copying, etc) and the right to authorize any of those actions. The closest to contributory (C) infringement in Canada is "authorizing" a copyright infringement.

      A more fertile legal approach for XM is probably to attack the software on the basis of a violation of the terms-of-use for subscribing to XM radio. I'd be shocked if the subscription didn't come with a license preventing unauthorized recording of broadcast streams. After all, the article even says that "RIAA and XM are both busy figuring out if any copyright laws and user agreements have been broken".

    6. Re:RIAA unleaches army of lawyers by ZB+Mowrey · · Score: 2, Informative
      There is no way that a device which has as its primary purpose time shifting can be contributory negligence unless the entire premise of Sony vs Universal is overturned by another supreme court ruling (which would be a travesty).

      Except that in the ruling you cite, the Court stated rather specifically that Congress could change the whole game on a whim. Since the Constitution explicitly grants Congress domain over copyright, they can do whatever the hell they want. (Don't believe me? Define "...a limited time...").

      --

      Self-referential sigs are rarely entertaining.

  5. First Post! by Anonymous Coward · · Score: 0, Offtopic

    Damn, it feels good...

    1. Re:First Post! by Anonymous Coward · · Score: 1

      Damn, it feels good...

      To FAIL IT!

      Better luck next time, moron.

  6. No DMCA violation required... by LostCluster · · Score: 4, Insightful

    There really isn't much hacking involved in making this application.

    The XM-PCR device is an XM tuner that is controled by USB, but returns its audio to the PC by the line in port on a soundcard. The audio is digital comming off the XM signal, but it's analog by the time it leaves the black box. So, all the computer needs to do is activate a recorder on the line in port and away it goes...

    There's drivers on the XM site for Windows, Mac and Linux. They're actively encuraging development, so it's not surprising somebody would come up with this idea.

    1. Re:No DMCA violation required... by ALpaca2500 · · Score: 4, Interesting

      The audio is digital comming off the XM signal, but it's analog by the time it leaves the black box

      there's a mod too add a TOSlink connector to the xm pcr, which provides digital out. i dont have it on mine, but according to some tests people did, it's slightly better than the line out, with less white noise.

    2. Re:No DMCA violation required... by tkrotchko · · Score: 4, Informative

      It hardly seems worth it; I have Sirius, and despite fanatics from both XM and Sirius, the sound is not even close to CD quality. Its better than FM in dynamic range, but inferior to FM because it suffers from a signficant amount of digital artifacts.

      These are not important in a car, but don't stand up to any kind of critical listening.

      Its a tempest in a teapot.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    3. Re:No DMCA violation required... by iocat · · Score: 3, Interesting
      Off-topic, but you pushed a button...

      This is what kills me about all digital music... People frown on cassettes and analog records, but will happily listen to crappy MP3s... You can defeat *any* DRM by using a cable that goes from your line-out jack to your line-in jack. The horror of sound degradation from that method is not going to compare to how crappy you make the MP3 sound anyhow, so what's the big deal?

      Of course, most of the music I listen to (bad punk) was probably recorded in a garge with a condenser mike on a Panasonic Slim-line, so I don't really have any audiophile legs to stand on...

      --

      Dude, I think I can see my house from here.

    4. Re:No DMCA violation required... by timeOday · · Score: 2, Insightful

      Is that what all this fuss is about? A lousy analog resampling? That's the next worst thing to putting a microphone by a speaker. Good luck stopping it.

    5. Re:No DMCA violation required... by Anonymous Coward · · Score: 0

      Posting as AC coz I work for a Hi-Fi stereo co. While testing out XM Radio for possible product, we found that it gave us headaches after listening for 1/2 hour or more. We played it thru a high-power A/V Receiver with good speakers. So I wonder how it will be for other folks. Any comments to the unlistenability of XM? I mean, compared to CD, it's junk. It lacks any dynamic range... Even moreso than FM, and it doesn't even have FM's "loudness" option to compensate! Bah!

    6. Re:No DMCA violation required... by Anonymous Coward · · Score: 0

      Someone hacked this device and put a SP/DIF connector on it. With that you can record it digitally and perhaps that have something to do with their fear.

    7. Re:No DMCA violation required... by lucas+teh+geek · · Score: 4, Insightful

      People frown on cassettes and analog records, but will happily listen to crappy MP3s

      with an mp3 you get quality degradation once; with a cassette it gets worse as time passes.

      --
      TIAEAE!
    8. Re:No DMCA violation required... by Spy+Hunter · · Score: 1

      That's my pet peeve about digital satellite/cable too. They talk about digital quality, but the compression completely kills any possible quality difference. I think DirecTV's broadcasts have been getting more compressed over the years; the compression artifacts are now quite obvious to me whenever I watch TV at my parents' house. (you can see them the most as a blocky blurriness that persists for a few frames after every jump cut, or in busy CG logo-type screens, or in large areas of color with subtle patterns such as cut grass on baseball fields). The worst part is, nobody else seems to notice them. I guess DirecTV has no incentive to keep the quality high when your average American can't tell the difference between pristine and highly compressed video.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    9. Re:No DMCA violation required... by Babbster · · Score: 4, Informative
      The worst part is, nobody else seems to notice them.

      Yeah, that's awful. It's a damn shame when people are able to enjoy what they buy, especially if YOU think the quality is too shabby for your discerning tastes.

      In the area of digital satellite/cable, unless you're willing to pay through the nose in terms of money and space for a big dish, NTSC MPEG-2 is the best you can get (I consider HDTV a very separate category, especially since it's still not even nearly the majority of available programming). If a few artifacts are the price to be paid for having a couple hundred channels, that's just the way it goes.

      Further, it's not a matter of the "average American" - and, wow, you sure make that seem like an insult - not being able to tell the difference. On a decent TV. I expect most CAN tell the difference between a good DVD and the same content on digital cable/satellite. It's a matter of WHAT IS AVAILABLE and WHAT IS COST-EFFECTIVE. It would be great to have the original, pure NTSC analog signal coming through with no interference, but that's just not practical for the vast majority of TV viewers.

      As a side note, I would mention that part of the artifacting problem is indeed increased MPEG-2 compression, but another part is the fact that the signals are being encoded in real-time. DirecTV, Comcast, Dish Network, etc. don't get all the programming a couple weeks in advance, encode it and then broadcast it on the appropriate days. The signals arrive in their native form from the content providers and are encoded on the fly for distribution (or, for analog cable/VHF/UHF, just retransmitted) within seconds - this is the biggest reason for the very artifacts you describe in busy CG video and jump cuts (Homicide: Life on the Street was very difficult for me to watch on two different Dish Network stations - Lifetime and CourtTV - due to their very liberal use of handheld cameras). The quality of these signals is inevitably going to be lower than DVD quality, and this is magnified when dealing with an NTSC tape source as opposed to the HD masters from which most movie DVDs are derived.

      Of course, if the FCC has their way, eventually there will be no such thing as live TV anywhere and they can put every channel on a five- to ten-minute delay. It would be a shame in free speech terms (I consider all FCC forays into this area direct violations of the 1st amendment, myself) but it would probably allow for better MPEG encoding.

    10. Re:No DMCA violation required... by Mr2001 · · Score: 1

      I have Sirius too, and 99% of the time I don't notice any artifacts in the music. You are talking about the music streams, right? The talk streams use much more noticable compression.

      It's still not so great that I'd worry about using a digital audio output, but IMO the sound quality on Sirius beats FM hands-down.

      --
      Visual IRC: Fast. Powerful. Free.
    11. Re:No DMCA violation required... by tkrotchko · · Score: 1

      Some of the streams are pretty good; the classical ones in particular.

      But the "pop" ones vary from stream to stream and night to night. Its clear the Sirius guys are always tweaking the compression (as you'd expect), and there are days when I have to turn it off, it sounds that bad to me. The last week has been pretty good, but there are lots of little birdies that I hear regardless of time or date.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    12. Re:No DMCA violation required... by Spy+Hunter · · Score: 1

      Well, nobody in my family can tell the difference. I've asked them if they can see the artifacts and they always say no. I truly believe that the average American *can't* tell the difference between an uncompressed signal and a compressed DirecTV stream, at least not without a lot of coaching. (By this I mean that if you showed them first an uncompressed signal, and then a DirecTV broacast of something different, they couldn't tell you which was compressed. They could probably tell in a side-by-side comparison). I don't begrudge them their happiness with the digital signal, and I'm not trying to insult people who don't see the artifacts. The only reason I care is that the artifacts bother *me*. If the artifacts bother me but nobody else, for whatever reason, then I won't be able to get digital broadcasts I can watch because DirecTV sure isn't going to make a special broadcast just for me. I'm just amazed that people don't see the artifacts that are obvious to me and complain when their digital broadcast is lower quality than their old analog ones. Why are we even moving to HDTV when DirecTV proves that the quality we have is already more than people really want? Oh that's right, because the government is mandating it. (I haven't seen much HDTV but I suspect it will have the same compression problems, perhaps even worse because they will compress it more).

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    13. Re:No DMCA violation required... by buck_wild · · Score: 1

      While that's true, a previous poster has stated that the program in question also extracts all the program information, including artist, etc. and converts it into an MP3 file.

      --
      If all you have is a hammer, everything looks like a nail.
    14. Re:No DMCA violation required... by LostCluster · · Score: 1

      It's true that the end result is a digital MP3 file. However, whenever anything passes through the "analog hole", the DMCA becomes meaningless. Standard copyright law of course is still in play, but all of the uglyness of the DMCA only talks about digital works, and once it's analog it's definitely not digital anymore. :)

    15. Re:No DMCA violation required... by Mr2001 · · Score: 1

      But the "pop" ones vary from stream to stream and night to night. Its clear the Sirius guys are always tweaking the compression (as you'd expect), and there are days when I have to turn it off, it sounds that bad to me.

      Not just that - the compression is constantly being tweaked automatically. Sirius's "S-Plex" dynamically allocates bandwidth to all the streams depending on how much each stream needs. Every time Mike Malloy takes a breath on Air America, the other streams get a tiny bit more bandwidth (as I understand it).

      --
      Visual IRC: Fast. Powerful. Free.
    16. Re:No DMCA violation required... by buck_wild · · Score: 1

      Very interesting. Then I can only assume that the intent of XM is to bury this under piles of legal paperwork, with the motive being an uncompleted bit of competitive software...

      --
      If all you have is a hammer, everything looks like a nail.
  7. laws by rwven · · Score: 4, Insightful

    What laws exactly is this breaking?

    1. Re:laws by erroneus · · Score: 4, Insightful

      Just wait long enough... I'm sure they'll be able to buy some laws with which to prosecute.

    2. Re:laws by LostCluster · · Score: 1

      I'd be very worried for the sake of our TiVos if there is a law against this...

      Because all this software does is timeshift the analog output of a digital content reciever. Sure, there's a little concern that it creates the files in a non-encrypted format so that it can be shared, but any TV capture device can do the same. Really, there's not much difference between this setup and having a DVR connected to a DirecTV box. It's the same thing, automated control of the reciever and then recording the output.

    3. Re:laws by gid · · Score: 5, Insightful

      You see, it's just like a tape recorder, but because it's on a computer, it's illegal, get it?

    4. Re:laws by sentientbeing · · Score: 5, Funny

      As expected, the lawyers are coming out.

      I'm no follower of Debbie Harry either, but dragging the poor guy into court for being a fan is going too far.

      They should be cracking down on real criminals.

      J Lo fans.

      --

      ------
      beware he who would deny you access to information, for in his mind he dreams himself your master
    5. Re:laws by WindBourne · · Score: 1

      I suspect that soon, we will start applying laws retroactively. Yes, I know it is against the constitution, but that does not seem to stop this admin/congress these days.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    6. Re:laws by PetoskeyGuy · · Score: 4, Insightful

      The Cue: Cat "this isn't how we told you to use it" Law

    7. Re:laws by Wavicle · · Score: 5, Insightful
      Exactly none. But that doesn't really matter much. Here are a few choice quotes from the article:
      "The RIAA and XM are both busy figuring out if any copyright laws and user agreements have been broken.
      "That program is something we don't condone ... It's our expectation they will be shut down," he added. "We're also researching any potential legal violations."
      So they're predicting a shutdown even though they've no idea if it is breaking any laws. You can translate this as "Our revenues are $20million a month, we can afford lawyers who will bury this person under frivolous litigation until he's bankrupt. And hey, if we can find a law that will support us, then we could win in court assuming it manages to go all the way to a judgement"

      It's pretty much all posturing. The company is working on the same exact thing which they are going to sell for an additional monthly fee. Of course there will shortly be an open source competitor up on sourceforge (assuming there isn't already).
      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    8. Re:laws by theLOUDroom · · Score: 1

      What laws exactly is this breaking?

      None, but it really doesn't matter if you have enough money.

      In "the land of the free" you can drown anyone else in legal fees until they stop doing whatever it is you don't like.

      This is because, for some stupid reason, we think poor people don't have a right to a lawyer in a "civil" case. This is why large corporations are able to make private citizens their bitch. Even if you're right, if you run out of money for lawyers before they do, you're fucked.

      --
      Life is too short to proofread.
    9. Re:laws by Doctor+Faustus · · Score: 1

      They already have with sex offender registries. The Supreme Court ruled that it wasn't ex post facto because the main goal wasn't punitive, but I believe it was a 5-4 decision.

    10. Re:laws by Joffrey · · Score: 1

      >>>Even if you're right, if you run out of money for lawyers before they do, you're fucked.

      While there's a grain of truth in what you state, the judge is still supposed to independently evaluate a claim before he/she issues a judgment. At a bare minimum, he will require a prima facie factual basis for the judgment, along with legal analysis (which his clerk should independently evaluate) that support the ruling.

      On the other hand, with courts being crowded, the judge might not be as critical as he should.

      --
      No, really! I'm one of the *good* lawyers!
    11. Re:laws by Anonymous Coward · · Score: 0


      They should be cracking down on real criminals.


      Unfortunately, the RIAA/Music Industry executives are above the law....

    12. Re:laws by MadBiologist · · Score: 3, Interesting

      Not breaking a law... instead, the XM Terms of Service...

      b) Use Limitations.
      You may not reproduce, rebroadcast, or otherwise transmit the programming, record the programming, charge admission specifically for the purpose of listening to the programming, or distribute play lists of the programming. Notwithstanding the provisions of Section 9, we or any of our programming partners may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the FCC, and other applicable laws. Subscription to the Service does not grant you the right to use any of our or our partners' trademarks

      --
      'Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?'
    13. Re:laws by name773 · · Score: 1

      but most people haven't/won't put their tivo files on a computer and share them
      still malarky... this is a great idea

    14. Re:laws by SpecBear · · Score: 0, Redundant

      I know this is kinda redundant, but I'm really blown away by this. The RIAA involvement makes sense, but I don't see why XM cares.

      Sure, XM could take legal action. And regardless of whether their claims have merit they could probably intimidate them out of using the software. But, unlike the various RIAA suits against people swapping MP3s online, every person XM sues is guaranteed to be one of their paying customers.

      Who in blazing blue fsck thinks this is a good idea? What the hell do they gain by this? Lemme pitch this: "Hey, this will piss off our customers, may irreperably damage our reputation, and will bring in zero money, but it'll maybe help us get a few more subscribers to a service we haven't launched yet. Someday."

      Stop the world, I wanna get off.

    15. Re:laws by fucksl4shd0t · · Score: 1

      Because of XM turns a blind eye to anything the RIAA cares about, expect XM to suddenly no longer have a license to broadcast the music they currently broadcast.

      RIAA controls the supply, in this case. Or at least to some extent, since they are the association that was created to represent *all* of the record labels in anything resembling a copyright issue.

      --
      Like what I said? You might like my music
    16. Re:laws by djsmiley · · Score: 0

      " You see, it's just like a tape recorder, but because it's on a computer, it's illegal, get it?"

      it was illegal on tapes too, just how do you stop that many people? Looks like they trying now... (and are still failing..)

      --
      - http://www.milkme.co.uk
    17. Re:laws by Anonymous Coward · · Score: 0

      No it wasn't illegal, actually. The RIAA convinced the U.S. government to tax blank analog media sales. The tax was passed on to the industry in some vague way. The concession was that it would be legal to record anything on the tapes. This is true for VHS too. Analog = legal, digital = illegal. Weird, but true.

    18. Re:laws by WindBourne · · Score: 1

      Hummmm. Good point. It is amazing how ppl with the best of intentions are literally crumbling our rights away.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    19. Re:laws by Jennifer+E.+Elaan · · Score: 2, Informative
      Last time I checked, the ASCAP (Association of Song Composers and Publishers) was in charge of broadcast royalties and rights, not the RIAA. In fact, the RIAA has been campaigning for a long time to get a slice of this very lucrative pie.

      The RIAA has a lot of posturing in this, but no real control.

    20. Re:laws by fucksl4shd0t · · Score: 1

      Heh, I may have my facts wrong. ;) I think the relationship between RIAA and the labels is probably sufficient to give them some power over XM, but as you point out ASCAP would have the bulk of it in the manner I was referring.

      But I don't know, now that you mention it, if RIAA would still have enough power to force XM into the position they appear to have taken.

      Another analysis would indicate that XM is interested in attacking this guy because he developed software that is competitive with a product they're getting ready to offer. In that case, they might take sides with RIAA because "the enemy of my enemy" or something like that.

      I don't really know, but this strikes me as a TV station going after someone who makes VCRs and makes little sense, since the software he developed just adds value to the XM service. If I were they, and I'm not, I'd be trying to get him to let me bundle his software with the devices for new customers, and collect a commission off sales (it would be the trial version I'd want to bundle, because a full version would mean I paid him a commission, and for that I'd either have to raise my rates or charge separately for the software).

      --
      Like what I said? You might like my music
    21. Re:laws by liquidsin · · Score: 2, Interesting

      I wonder, though, that since courts have already determined that recording for personal use is still protected, can the XM ToS legally revoke that right from you? I mean, they could claim that by listening to their service I'm consenting to anal sex with their CEO, but that doesn't make it legally binding.

      --
      do not read this line twice.
    22. Re:laws by PhraudulentOne · · Score: 1

      No, it's because it's "digital."

      --
      You create your own reality - Leave mine to me.
    23. Re:laws by Anonymous Coward · · Score: 0

      I mean, they could claim that by listening to their service I'm consenting to anal sex with their CEO, but that doesn't make it legally binding.

      Maybe not, but I'm sure he'd be willing to overlook any TOS violations and let you record whatever XM broadcast you wanted to.

    24. Re:laws by LifesABeach · · Score: 1

      "...They should be cracking down on real criminals..."

      One would think that, except for the tiny fact that going after 'Real Criminals' might show some, 'Character'?

    25. Re:laws by Suidae · · Score: 1

      Analog = legal, digital = illegal.

      Well, you can put digital data on DAT tapes and 'Audio' CDR's, and thats legal because those kinds of media are taxed too.

      I'm not sure if putting music on 'data' cd's is illegal. If its for personal use I'd expect not, there might be an issue with making dups on the untaxed media if you are giving them away to friends.

    26. Re:laws by wkitchen · · Score: 1
      And hey, if we can find a law that will support us, then we could win in court assuming it manages to go all the way to a judgement
      You misspelled "fund".
  8. haha by Rotkiv · · Score: 5, Funny

    Catching Blondie's reunion tour broadcast at 4 in the morning wasn't an option for XM satellite radio subscriber

    So he stayed up till 4AM programming.

    --
    RArr!
    1. Re:haha by revery · · Score: 3, Insightful

      Catching Blondie's reunion tour broadcast at 4 in the morning wasn't an option for XM satellite radio subscriber

      So he stayed up till 4AM programming.


      Yes, but only once, and in doing so, he taught the world how to fish.

      --

      Was it the sheep climbing onto the altar, or the cattle lowing to be slain,
      or the Son of God hanging dead and bloodied on a cross that told me this was a world condemned, but loved and bought with blood.

    2. Re:haha by Anonymous Coward · · Score: 0

      Give a man a fish and he will eat for a day, teach a man to fish and the fishing conglomorates will sue him into nothingness.

    3. Re:haha by dilvish_the_damned · · Score: 1

      I can see the reasoning. I would much rather stay up till 4 for a fun programming task than to listen to Blondie. Besides, you of all people would understand wanting to automate her. Or has this already been done...

      --
      I think you underestimate just how much I just dont care.
    4. Re:haha by Anonymous Coward · · Score: 0

      > Yes, but only once, and in doing so, he taught the world how to fish.

      How the fuck did he "teach the world to fish"? He wrote a proprietary program which teaches nobody anything. He is selling said program, so he isn't "giving a man a fish". He's a code hoarder, pure and simple, and deserves to be hunted down and exterminated like the parasitic cockroach he is. Not for being against the fine, red-blooded American upstanding values of the RIAA and MPAA, but for being a proprietary software vendor. Plus, he's probably an AMD fanboy as well. From hell's heart I stab at him!

    5. Re:haha by sindarin2001 · · Score: 1

      He generated the code himself and has every right to distribute it under whatever terms he wants. Your right to distribute your code under the GPL is just as strong as his right to distribute his application for money. If you don't like it, write your own XM time-shifting application and release it under the GPL. Free software hinges on freedom, on choice. You may not like the choice of others, but the only valid way you have to contest this choice is to make your own competing program and release it under your choice.

    6. Re:haha by Anonymous Coward · · Score: 0

      Give a man a fish and he'll eat for a day. Teach a man to fish, and although he'll eat for a lifetime, he'll still call you a cheap bastard for not giving him your fish.

    7. Re:haha by lucas+teh+geek · · Score: 1

      give a man a fire and he'll be warm for a night, set a man on fire and he'll be warm for the rest of his life

      --
      TIAEAE!
    8. Re:haha by Anonymous Coward · · Score: 0
      Yes, but only once, and in doing so, he taught the world how to fish.


      "Write a man a program and you've frustrated him for a day; teach a man to program and you've frustrated him for a lifetime"
  9. XM biting a hand that feeds it? by LostCluster · · Score: 4, Interesting

    From the XM site itself...

    The XM PCR revolution is in full effect. Across the XM Nation, we're excited to see independent developers creating fantastic new versions of the XM PCR software for a wide range of platforms including Mac OS X, Linux, and Windows.

    So they want people to come up with creative software to use the XM PCR unit, but just not this way?...

    1. Re:XM biting a hand that feeds it? by Oinos · · Score: 2, Insightful

      Here's the deal. XM has no problem with people writing software to control the XMPCR. I doubt they had a problem with this guy writing software to record from the XMPCR. The problem lies in that the guy tried to profit from it. I bet if he would have just given away the software, they would have let it slide.

    2. Re:XM biting a hand that feeds it? by Anonymous Coward · · Score: 0
      So, do they have some kind of licensing agreement saying developers can't sell their XM software? If so, it's not mentioned in the article, or on the page linked by the grandparent. That page says "Let us know if you're developing any PCR software." It doesn't say anything about getting your software "authorized," which the XM corporate spokesman implies to be a requirement. XM has not claimed that the developer in question has violating any licensing agreement, and surely if he had they would have mentioned it.

      By all appearances, XM is just posturing, and doesn't have a leg to stand on. "Authorized" my ass. People like this like to think they're in charge of everything.

    3. Re:XM biting a hand that feeds it? by Recip_saw · · Score: 1

      Bingo... and the development community for the PCR does not like it either. Many others have developed the same software. Its been traded around, but no one demanded payment. His application stands of the free work of others who spend hours working out the protocal. They never asked for bucks.

      I developed the 2nd optical out for the PCR (and the first practical one using the DIT4096) - and released the schematic free, when I could have copyrighted it. (proof can be found on the threads at XMfan.com). We all worked to open up the PCR - and it irks me not just a little that he had decided to profit from it.

      XM for all the abuse it gets had been wonderful about the PCR, and hell, all the other hacks (in the good use of this term) on their equipment. This one has the chance of causing real harm to them, as the RIAA does control them in a signficant way. While the ASCAP and BMI's of the world control one set of rights, without the RIAA's agreement, XM could not play the recordings. You know the CD's? Unlike Broadcast Radio, XM does not have an automatic right to play them (called a mechanical license).

      So yes, those of us who have spent alot of time on making this a better service are not happy either. Some have posted in this thread, so they can speak for themselves.

  10. thoughts by danoatvulaw · · Score: 2, Insightful

    I've got to be honest - I dont see how the RIAA lawyers can come down on this one. This kind of "Tivo like" software seems to be just a natural extension of the VCR time shifting as mentioned in the Sony Betamax case. As such, it is a perfectly legal use, regardless of what the RIAA fears that it will or could be used for.

    Just my .02

    1. Re:thoughts by LostCluster · · Score: 2, Insightful

      Unfortunately for us, the RIAA lawyers consider the Sony Betamax case a mistake by the Supreme Court that they one day hope to get reversed. It's about time fair use got an affirmative law behind it rather than relying on common law traditions that aren't quite as binding as a real law.

    2. Re:thoughts by An+Onerous+Coward · · Score: 2, Interesting

      The fear, according to the article, is that people will use this system not merely for "time shifting," but to amass a huge music library. The latter doesn't fall under fair use at all.

      There's a professor here at the U of U who teaches a "Digital IP Law" class, and who seems to have done a lot of the thinking behind the INDUCE Act. So I decided not to take the class, for fear of the whole thing turning into a Slashdot-esque flame war where my GPA was on the line. But one interesting point he tried to drive home in some of his online material was that Sony vs. Betamax's "substantial non-infringing use" test should be invalid, because there was no way a recording/copying device could ever fail the test.

      I've been beating my head against a wall trying to come up with a counter-example. Any ideas?

      --

      You want the truthiness? You can't handle the truthiness!

    3. Re:thoughts by whoever57 · · Score: 1
      Sony vs. Betamax's "substantial non-infringing use" test should be invalid, because there was no way a recording/copying device could ever fail the test.

      I've been beating my head against a wall trying to come up with a counter-example. Any ideas?

      Why does there have to be an example of a device that would fail in order for the test to be invalid? Just because all recording devices would pass does not make it a bad test, it just means that any recording device is legal.

      You have fallen for his strawman!

      --
      The real "Libtards" are the Libertarians!
    4. Re:thoughts by Alsee · · Score: 2, Interesting

      to amass a huge music library. The latter doesn't fall under fair use at all.

      Really? And why not? I don't recall anything from the Betamax case, or from any other court case, to indicate you somehow commit copyright infringment if you play it a second time. And unless I'm mistaken the Betamax case did directly acknowledge that many of the people involve were keeping "libraries" of tapes. The Betamax judges never suggested that that was infringment.

      Sony vs. Betamax's "substantial non-infringing use" test should be invalid, because there was no way a recording/copying device could ever fail the test.

      I've been beating my head against a wall trying to come up with a counter-example. Any ideas?


      His conclusion does not logically follow. Even if we accept his assumption that no device would ever fail the test that in itself is NOT evidence that the test is invalid. *HE* is the one who needs to produce a "counter-example" and explain how it proves the court ruling is invalid.

      Copyright exists to promote new creation and new technology and progress in general. It does NOT give copyright holders the right to restrict technology and restrict devices and restrict independant creation and restrict progress.

      Copyright is not, and should not be, about devices and technologies themselves.

      Copyright holders are given the right to sue those who infringing, or those who intend to cause infringment and the like. For example someone was held liable for manufacturing videotapes specifically tailored to match the length of copyrighted works and specifically intended for mass producing infringing copies of those works. The devices themselves - tapes of those specific lengths - were not against the law. Other people remain perfectly free to make and sell those exact devices.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:thoughts by waferhead · · Score: 1

      Please tell slashdot this moron professors name, so we can reeducate him, if that's possible.

    6. Re:thoughts by Anonymous Coward · · Score: 0

      If the problem is what illegal things people can do with a product. We will have not guns, no knifes, no ropes, no vinil bags, no cars, no gasoline, no tabacco and no women. Oh sorry women are not a product.

    7. Re:thoughts by shimmin · · Score: 1

      However, the converse, "substantial infringing use," which is the thinking behind the INDUCE act, would also be invalid in his reasoning, because no recording/copying device could ever pass that test.

      The fair use doctrine, as traditionally interpreted, makes laws governing the legality / illegality of devices based on their capabilities rather troublesome in the U.S., because almost any device that can be used for exercising fair use can also be used for infringment. In many cases, the only difference between fair uses and infringing uses are intent and scale, and technological measures are particularly ill-suited for judging these things.

      In former times, jurisprudence seemed to think the correct approach was to enable infringement in order to enable fair use, and to punish those who actually do infringe in the courts. The alternative approach, to disable fair use in order to disable infringement, has been the experiment of the past decade. Its track record to date has been less than stellar.

    8. Re:thoughts by The+Conductor · · Score: 1
      Any conceivable recording device will pass the test (for the sake of time & space shifting), but some devices have been ruled as failing. The only example I can think of is those doo-bobs that "back-up" your Nintendo cartridges to floppy. (Play Nintendo in your car? Play Nintendo later? Convert the durable ROM cartidge to fragile floppies? Write your own code without a dev kit?)

      Of course, I can think of a substantial non-infringing use: Patching the code so you can cheat! But will that win the sympathy of a judge?

  11. He wouldn't get into problems... by Anonymous Coward · · Score: 2, Funny

    ...if he used OGG VORBIS. Can you imagine the RIAA's press release about some guy converting a radio broadcast into some "ogg" files? I don't think so.

    1. Re:He wouldn't get into problems... by Wavicle · · Score: 1

      If they couldn't mention anything about mp3, they would instead mention the petabytes worth of music thieves all over the world will steal from them if this software is permitted to exist.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  12. crazy by StevenHenderson · · Score: 1, Insightful

    So the 35-year-old computer programmer from Ottawa, Ontario, wrote a piece of software that let him record the show directly onto his PC hard drive while he snoozed

    Just like a legal timer record function on a VCR. How in the hell are the lawyers expecting to beat that precedent?

  13. No Easy to Use Software? by Anonymous Coward · · Score: 3, Funny

    "Music labels fear that the convenience of MacLean's software will lead millions more to copy and distribute songs over file-sharing networks such as KaZaA, a music industry source said."

    So they're suing him for creating easy to use software... great... time to sue Microsoft because everyone claims Windows is the easiest!

  14. WTF? by Lord+Kano · · Score: 4, Insightful

    From the article, for those who didn't RTFA
    "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said.

    Analog tape recorders have allowed people to add broadcasts to their music libraries since before I was born.

    All this software does is make it a little more convienent than plugging an analog tape recorder into your XM receiver. It's stupid that they'd even consult their lawyers about this.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:WTF? by DAldredge · · Score: 1

      The RIAA wish to make it illegal and is trying to use the 'plague' of P2P to make it illegal. They think they have lost too much money because people are able to record songs of the radio.

    2. Re:WTF? by Jungle+guy · · Score: 1
      This sentence also alerted me. It seems like it is a classic case of a "Betamax defense". This reasoning not only apply for audio tapes: home video cassette recorders for a long time have the ability to record shows on programed schedules. The guy only needs a good lawyer and a lot of courage, as RIAA can loose big time.

      And, think for a minute: Lawrence Lessig and the EFF defend that we should have something like an "internet tax", that would revert to pay artists whose songs are being shared on Kazaa, Napster and whatever. But who will resort to Kazaa if, paying US$ 10 a month for a digital radio subscription and a software that recorded it to your computer, you could have a large amount of good quality songs for you? This software makes XM Radio more attractive to costumers, and could generate a lot of money to the RIAA members.

    3. Re:WTF? by harlows_monkeys · · Score: 2, Insightful
      Analog tape recorders have allowed people to add broadcasts to their music libraries since before I was born

      I don't recall analog tape recorders that could take a broadcast, turn it into an MP3 file per song, and tag it and sort it out by artist and album, all automatically.

    4. Re:WTF? by qopax · · Score: 1

      I fail to see how the "features" change the legal implications pointed out... the basis of the product is still identical

      --
      I pwn this comment. "The Fine Print" says so.
    5. Re:WTF? by Anonymous Coward · · Score: 0

      > as RIAA can loose big time.

      Please explain how "big time" can become "loose". I completely fail to comprehend the meaning of your prose, sir.

    6. Re:WTF? by randyest · · Score: 1

      I don't get it either. I suspect that it is not prose that we seek in vain to comprehend, but in fact poetry of some kind.

      What about the RIAA will become more "loose," or perhaps even more ominously, what the RIAA will let "loose" upon us, is not clear.

      But I'm pretty scared anyway.

      ;)

      --
      everything in moderation
    7. Re:WTF? by uberdave · · Score: 1

      It could be that his keyboard repeat is a tad too sensitive.

    8. Re:WTF? by peawee03 · · Score: 1

      When was the last time you put an ID3 tag on an analog cassette? These days, recording music into MP3 and tagging it is not only easy, but the only way to manage what one's listening to. And how does the fact that the end format is an MP3 versus analog tape affect the fact that someone is recording audio to listen to later?

      --
      I wish I could write clever and witty sigs.
    9. Re:WTF? by Lord+Kano · · Score: 5, Funny

      I don't recall analog tape recorders that could take a broadcast, turn it into an MP3 file per song, and tag it and sort it out by artist and album, all automatically.

      You must be a youngster. In the olden days we had these things called pens and pencils that allowed us to write the names of the artists and songs on the liner of the cassette tape.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    10. Re:WTF? by lucas+teh+geek · · Score: 0, Troll

      yes, I can see how automatic that is, and how easy it makes sorting the recorded music by artist and album... wait no! your analogy sucks!

      --
      TIAEAE!
    11. Re:WTF? by Anonymous Coward · · Score: 0

      How does any of that change the basic premise that it has always been possible to record and catalogue your own music collection from radio broadcasts? Because it's "automatic" and that makes it special somehow? Because it's done on a computer, and that makes it magic? No. The Blinkenlights have made you confused.

    12. Re:WTF? by Anonymous Coward · · Score: 0

      Well, it is a perfectly cromulent way to create a library of recorded music performances. Do you contend that software that makes achieving the exact same goal somewhat easier is for some reason illegal?

    13. Re:WTF? by PhraudulentOne · · Score: 1

      Yeah I don't quite get it - I mean, your allowed to listen to the radio WHILE its playing a song, but you can't listen to that song 5 hours later when you wake up? What if you found some crazy way of delaying (by bouncing them around somehow) radio waves from reaching your receiver until several hours after it was initially brodcasted. This would still be the original stream so it should be completely legal - dunno if its possible though - IANARB (I am not a Radio Buff). OTOH, making a copy is sort of like storing the original sound waves that were being broadcasted (I mean its "digital" right), so its the same stuff, different medium, so your not putting XM out any money - unless they legally have to pay royalties on your ability to play the song afterwards. They sent you the stream, paid for the stream, then you copied the stream, so either its already covered, or it has to be paid for again - by XM - because it is their stream, your just choosing to listen to it at a later date.

      --
      You create your own reality - Leave mine to me.
    14. Re:WTF? by Anonymous Coward · · Score: 0

      There needs to be a mod higher than 5 for posts like this.

      --Fellow user of the almighty pen

    15. Re:WTF? by Lord+Kano · · Score: 1

      There needs to be a mod higher than 5 for posts like this.

      Thank you, I'm glad you liked my comment; but I would settle for an end to the Karma cap.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  15. Digital Rights Enforcement by kawabago · · Score: 0

    The more they restrict things the less I want their products. I'm already not buying so I guess that means I never will. It's a lot easier to live without non-free music than to live with it!

  16. What consumers want by Anonymous Coward · · Score: 0

    I still don't get how broadcast stations don't understand that people want stuff on demand. Tivo like products simple take a bad idea, and present it in a convient form for the consumer. Simply because a consumer wants to enjoy a service they pay for in they're own way, they assume that everyone is simply going to take everything broadcast and redistrubte it.

    I've been using a free trial of Rhapsody, and I think this will be the future of broadcast for almost anything except for news or live events. (I'm not recommending Rhapsody for personal use, I doubt I'm going to continue using the service, as I only really enjoy the comedy section, and I only listen to Stephen Lynch and Monty Python)

  17. They didn't see this one coming? by mrinella · · Score: 5, Insightful

    They release a radio with USB connectivity and are surprised when someone figures out a neat and easy way to "Tivo" their content? Funniest reference in the article was to the fact that the RIAA and XM are busy figuring out if any copyright laws or user agreements were broken. Management really should have gotten a handle on this before the product was released.

    1. Re:They didn't see this one coming? by LostCluster · · Score: 1

      Somehow, I think XM knows that there's no copyright law being broken. They're just going through the motions so that they can claim they did with the RIAA goes asking them how they let this happen...

  18. Who own's the content?..... by james_in_denver · · Score: 2, Insightful
    Seems to me that he has a contract with XM Radio to "consume" their product. How and when he "consumes" their product is his business. XM-Radio is the service provider, this guy is the consumer. Pretty much standard consumer/UCC law. What he does with the product after the fact is entirely his business. IANAL....though maybe I should have been.....

    why do I keep hitting the hjkl(s) key all the time in this editor?......

    1. Re:Who own's the content?..... by parliboy · · Score: 1

      On the surface, I concur. However, what methods of consumption are allowed is a valid question, one whose answer can be changed in a rewriting of the agreement.

      --
      "You're never ready, just less unprepared."
    2. Re:Who own's the content?..... by james_in_denver · · Score: 1
      Yes, but only if both parties agree to changes to the original contract, or if the subscriber is offered an opportunity to terminate the original contract.

      Otherwise the initial contract is binding.

      In this case, I do not believe that the contract specifically states any limitations as to the time/place/(means and or media) that the content offered by the "provider" must be "consumed" by the subscriber.

      Just my $.02 worth, I am sure a real lawyer would charge a lot more!....

    3. Re:Who own's the content?..... by tater86 · · Score: 1

      Yeah, you can believe whatever you want, but the terms of service forbid recording the broadcast.

  19. It is a Tape Recorder by Herkum01 · · Score: 0, Redundant

    Well it works just like one. I think that they will have a hard time forcing him to shut it down. It is XM RADIO which still operates like radio! I fail to see why a judge would see to treat it differently from a regular radio and a tape recorder. Just because it MIGHT be used for mass distribution does not mean that it has.

    1. Re:It is a Tape Recorder by Anonymous Coward · · Score: 0

      Well, in Canada we already DO pay a royalty tax on blank CDRs, just because we MIGHT use them for copying music.

  20. Digital FM by squidinkcalligraphy · · Score: 2, Insightful

    When digital radio (music + sub-band containing song information) becomes mainstream, won't this type of software bring 'piracy' to the masses? Save every song onto your computer with appropriate ID3 tag, scan through every day and find the ones you like, delete the ones you don't. Even easier than recording internet radio.

    --
    "I think it would be a good idea" Gandhi, on Western Civilisation
    1. Re:Digital FM by LostCluster · · Score: 5, Insightful

      I wouldn't be surprised if the music licensing powers will start to contractually require XM to somehow "muck" the start/end of all songs by having some sort of DJ chatter or station identifier sounder play to make sure that at least the seconds at the edge of the song are disturbed from being a "perfect" copy of the song.

    2. Re:Digital FM by mrchaotica · · Score: 1

      Isn't the point of XM radio to avoid DJ chatter messing up your music? I damn well wouldn't pay for that!!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:Digital FM by Mr+Thinly+Sliced · · Score: 1, Interesting

      Hmm - given enough recordings, we can find sections without the 'chatter' and reconstruct the entire song.

      Unless of course they actively distort the songs audio at start and end (think vocoder or something), but then, that would come across as extremely strange wouldn't it.

    4. Re:Digital FM by alamut · · Score: 2, Interesting

      actually, if you watch the datastream coming down, the song metadata changes at semi-random intervals either bofore or after the audio stream begins.

      same effect, you lose either the first few or last few seconds of every song if you follow the metadata.

      that being said, i think XM rocks!

  21. Frightening Snippet by jmt9581 · · Score: 4, Interesting

    A spokesman for the Recording Industry Association of America said his organization had not reviewed the software, but said that in principle it was disturbed by the idea. "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said.

    The RIAA and XM are both busy figuring out if any copyright laws and user agreements have been broken.

    Nowhere in the article is there any mention of fair use rights or the legality of this sort of software. The RIAA is obviously very concerned about this, as it would definitely affect their willingness to release entire albums over the air. Blah.

    --

    My blog

    1. Re:Frightening Snippet by Anonymous Coward · · Score: 0

      Nowhere in the article is there any mention of fair use rights or the legality of this sort of software. The RIAA is obviously very concerned about this, as it would definitely affect their willingness to release entire albums over the air. Blah.

      Caught between a rock and a hard place, aren't they? See, they can't make any money if they don't let people listen to the music but if they let people listen to the music they just might record it and then they can't make enough money...

      Ass wipes! They simply will not be happy until they collect a fee for each ear every time anyone listens to each and every play! $20 million a month is a quarter of a $billion every year and it still isn't enough!

    2. Re:Frightening Snippet by Phanatic1a · · Score: 1

      "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said.

      You mean like taping songs off the radio? You fucking whore.

  22. Maybe by Anonymous Coward · · Score: 0

    Hey, maybe this will lead to the RIAA prohibiting the use of their music on radio and TV.

  23. Getting owned the RIAA is by Anonymous Coward · · Score: 0

    Hehe, The RIAA are being hit from all sides now it seems.

  24. Not a big deal.... by FollowThisLogic · · Score: 1, Interesting

    XM (Delphi) is coming out with the Skyfi2 pretty soon, which will have TiVo-like qualities... you can pause the radio and play it later, up to 30 minutes. It's only a matter of time for other features to take off.

  25. Sirius by Anonymous Coward · · Score: 0

    When will you people learn?

    Get Sirius, not xm

  26. Since when is XM legally available in Canada? by Graemee · · Score: 4, Interesting

    Since our air waves are ruled by the CRTC overlords, when did they allow XM to sell it's services.

    From the XM FAQ

    Is XM Service available in Canada and Mexico?
    XM is only licensed to provide service to the US (All states except Alaska and Hawaii), its territories and adjacent waters. XM's satellite signal reaches into portions of Canada and Mexico near the U.S. borders however, XM's service is not currently sold in Canada, Mexico or any other region outside of the continental United States.


    Sounds like a grey market resale. Similar to the DBS grey market. You get an US address and subscribe. Since the border is not microwave proof we can pick up the signals.

    I think he should be more worried about the CRTC coming for him.

    1. Re:Since when is XM legally available in Canada? by legojenn · · Score: 3, Interesting
      I asked XM about service in Canada was told that the satellite was finely tuned and purchasing XM would probably be a waste of money. Considering I spend most of my time in Ottawa, which is close to the US, Montreal, which is closer or in New York State, I am surprised it would not work.

      Could it really be that they are afraid of the big, bad CRTC?

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    2. Re:Since when is XM legally available in Canada? by Anonymous Coward · · Score: 0

      Since the border is not microwave proof we can pick up the signals.
      Crap now I gotta buy some Canadian tinfoil for my hats too.

    3. Re:Since when is XM legally available in Canada? by LostCluster · · Score: 3, Informative

      A: They can't legally sell the XM service into Canada because their channels don't have anywhere close to meeting the CanCon the CRTC would impose on them. They'll likely never even bother to seek permission.

      B: XM's satellite signals are aimed towards the USA because, well, nearly all signal they send outside of the US borders would be a total waste of energy. They could legally paint all of Canada with signal with a broad beam that also hits part of the USA thanks to the "we'll tolerate each other's signal splashes" deal between the nations, but since they'll never be allowed to openly sell up there, they might as well direct their signal to where paying customers actually will be.

    4. Re:Since when is XM legally available in Canada? by Scott+Tracy · · Score: 1

      I've had XM Radio in my car in Toronto since the spring, and it works great. The only time I lose the signal is when I go behind a tall building or underneath an overpass, and it's only for a few seconds.

      I bought the Delphi Roady kit online from a place in Brooklyn. I signed up for XM with my Canadian credit card, and used a relative's home in Florida as the billing address. But from what I've read online, you could pick any U.S. address at random - they don't send you anything you need (just a welcome guide).

      I'm going out east to Nova Scotia in September, and I fully expect to have a signal the whole way. Don't forget, a lot of the population of Canada lives south of states like Minnesota or Maine. And since both XM and Sirius have applied to the CRTC for the right to sell their service in Canada, they must know their signal covers 90% of Canada's population - they sure wouldn't use more satellites just for lil old us.

    5. Re:Since when is XM legally available in Canada? by jonwil · · Score: 1

      I am glad I dont live in canada where they have these rediculious content controls.

      Here in australia, we have mandated requirements for Australian Content but they are nothing like what the candaians have.

    6. Re:Since when is XM legally available in Canada? by VT_hawkeye · · Score: 2, Interesting

      They can and do broadcast to the dense population band within 100 mi (er, 160 km) of the US border. Americans with XM are driving into Canada and getting coverage all the time, and (obviously) grey-market Canadians are finding it worthwhile to subscribe. What they can't do without a Canadian license is place ground-based repeater stations, which makes XM near-useless in major cities' downtown areas but just fine everywhere else. The salesman was feeding the OP a line so he didn't have to explain the real issue (CRTC, CanCon, repeaters).

      I highly doubt you can get XM in the Yukon, NWT and Nunavut; the Edmonton area is probably the functional northern border. I'd wonder about Newfoundland and Labrador, just because of how far east (and north) they are, but the rest of the Maritimes ought to be OK.

    7. Re:Since when is XM legally available in Canada? by Roxus · · Score: 2, Informative

      Co-incidentally, I was just up in the Yukon with my XM Radio on my motorcycle, participating in this years AlCan 5000 until I broke my foot, and I was able to receive reception as far north as 140 miles along the Campbell Highway, north of Watson Lake.

      I took some pictures of the receiver along the way...

      http://alcan5000.alaynaworks.com/XM%20Radio%20To ur /

    8. Re:Since when is XM legally available in Canada? by Roxus · · Score: 1

      Oops... forgot the Cox HTTP blocking...

      http://alcan5000.alaynaworks.com:81/XM%20Radio%2 0T our/

    9. Re:Since when is XM legally available in Canada? by tftp · · Score: 3, Insightful

      The Canadian Content requirements are not that unreasonable, given the abysmal quality and immense quantity of the content that comes from the south.

    10. Re:Since when is XM legally available in Canada? by GrBear · · Score: 2, Interesting

      Since our air waves are ruled by the CRTC overlords, when did they allow XM to sell it's services.

      Both Sirius and XM Radio have put in an application with the CRTC to offer satellite radio service in Canada. While it's currently grey market (ie: signup via their websites with a bogus US mailing address) here in Canada, there are more and more Canadians signing up. In fact I just recently bought a JVC PNP tuner to listen to Sirius (which has WAY better signal coverage in Canada than XM, and IMHO superior programming) and have convinced some friends to buy receivers, all of which are happy new satellite radio listeners.

      Seriously though, why would anyone want to record and save music off either XM or Sirius? Satellite radio has the sound quality 'better than FM' but far inferior to CD quality. Besides, it would fall under fair use in Canada, where our judges still respect what that means.

    11. Re:Since when is XM legally available in Canada? by tkrotchko · · Score: 1

      That's because of the way XM works. I've read that XM uses a pair of geosychronous satellites that cover much of North America. I think they're parked roughly over each coast.

      By Contrast, Sirius uses 3 satellites that follow a figure 8 orbit over NA, and SA. There are always 2 satellites "active", and once a satellite is no longer able to be "seen" by NA, they shut it down, until it comes back north again. I think this takes roughly a day, but that's a guess.

      They both use repeaters.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    12. Re:Since when is XM legally available in Canada? by Shabbs · · Score: 1

      I suspect the signals that are aimed at the US but end up in Canada are considered "public domain" in Canada - much like the DirectTV satellite signals coming from the US. There was a ruling in Canada a while ago basically saying that if you can pick up the signal, enjoy it. But they made it illegal for anyone to sell devices in Canada that could pick up the US signal.

      http://www.legal-rights.org/publicdomain.html

      It's a donkey rodeo out there.

      --
      Mark
    13. Re:Since when is XM legally available in Canada? by The+Conductor · · Score: 1

      I'm too lazy to look it up, but I think the factoid is that 80% of the Canadian poopulation is south of the 48th parallel. As if they were amassing for an invasion. (Sarcasm alert: Sarcastic website linked...Well I think it's sarcastic.)

    14. Re:Since when is XM legally available in Canada? by Anonymous Coward · · Score: 0

      As a Canadian in and about the Toronto area, XM radio works like a charm. Except under bridges and tall buildings.

    15. Re:Since when is XM legally available in Canada? by Anonymous Coward · · Score: 0

      >The Canadian Content requirements are not that unreasonable, given the abysmal quality and immense quantity of the content that comes from the south.

      Interesting excuse. So if it were quality TV in your eyes, then the requirements would be unreasonable?

      Basically, what you're saying, is that if you're a Nazi, living in Germany in the late 30's wasn't unreasonable at all.

    16. Re:Since when is XM legally available in Canada? by Anonymous Coward · · Score: 0
      So if it were quality TV in your eyes, then the requirements would be unreasonable?

      Why, yes, of course it would be as unreasonable as forbidding your healthy child to eat an apple every day.

      if you're a Nazi, living in Germany in the late 30's wasn't unreasonable at all

      I don't quite understand this. Of course to a Nazi everything in 30's Germany was just fine, in particular because Nazis made it that way. What is your point?

    17. Re:Since when is XM legally available in Canada? by Guppy06 · · Score: 1

      "In this case, a property owner has the option of paying, but also has the option of simply waiting, and the graffiti will clean itself up."

      Yeah, because nobody in the Yukon lives anywhere near the US border!

      (Yeah yeah, I know they can't get it consistently either, but forget complaints about US-centrism: most people on /. think there's nothing more than the 48 contiguous!)

    18. Re:Since when is XM legally available in Canada? by Guppy06 · · Score: 1

      Mental note: Make sure to actually hit Ctrl-C before Ctrl-V...

  27. dish network users already have this w/Sirrus! by another+misanthrope · · Score: 4, Interesting

    If you get a PVR from Dish Network (they now carry Sirrus) you can already grab digital music... does that mean I should be wary of a subpoena now?

    I usually just pause the station for 50 or 60 mins before I listen and then just FF through the songs I don't like. I don't feel like a criminal

    1. Re:dish network users already have this w/Sirrus! by Mr2001 · · Score: 2, Informative

      Sirius has better sound quality anyway, plus free online streaming (at reduced quality) and exclusive NFL coverage.

      You could even make a similar setup with a standalone Sirius tuner, if you don't mind a little hacking (and I know you don't, Slashdotters...). Just get any Sirius receiver, attach its line out and an IR transmitter to your PC, and change the station with infrared. Cake!

      --
      Visual IRC: Fast. Powerful. Free.
    2. Re:dish network users already have this w/Sirrus! by LostCluster · · Score: 2, Informative

      It sounds like Dish Network is willing to travel into a legal uncharted area that DirecTV and TiVo aren't willing to test. You can't pause any of DirecTV's Music Choice offerings with a DirecTiVo unit. There's a well documented work-around to record the music channels by typing a channel name into a auto-recording wish-list, but directly hitting the record button leads to an error message saying that the recording feature is not available "at this time"... hinting that it's a block TiVo could very easily lift if the legal environment makes it clear that it's safe to do so.

  28. He Should Be More Worried About The RCMP by Big+Z · · Score: 2, Insightful

    Since last I looked XM isn't a licenced broadcast undertaking in Canada.

    1. Re:He Should Be More Worried About The RCMP by xtal · · Score: 1

      What law has he broken, then?

      No end-user, to the best of my knowledge, has EVER been procecuted for a grey market reciever in Canada. I am not sure if you are Canadian, but I am, and there are A LOT OF PEOPLE up here with DirectTV dishes hanging off their houses. I believe people have been procecuted for selling them, but I cannot see any law being upheld in court that charged someone from recieving a satellite signal (that they even paid for) illegally.

      Me, I'm going looking for one of these USB gismos. Like now.

      --
      ..don't panic
  29. XM has been waiting for this. by Fiz+Ocelot · · Score: 3, Interesting

    They knew the sticky legal situation that would occur if they developed this, so they just left that to someone else. Now they have what I would consider a "killer app" for satellite radio without legal reprecussions. I'm even considering getting a home xm unit because of this, I already have it in my car.

  30. Re: Link to software page by qubezz · · Score: 3, Insightful

    http://nerosoft.com/TimeTrax/index.asp

    Since XM made the SDK for the USB XM radio in question, this is ridiculous. I don't see how this software could do anything but get them more subscribers & sell more radios. Go ahead and shoot yourself in the foot XM.

  31. Just what law do they imagine is being broken? by raytracer · · Score: 5, Insightful

    Given the courts decisions which have established
    time shifting as a legitimate use of consumer recording technology, it's damned hard to imagine what law they think consumers might be breaking. It is not illegal for me to tape every broadcast of a television show and to build my own personal library. It would seem very difficult to argue that doing the same thing using XM radio would be any different.

    1. Re:Just what law do they imagine is being broken? by Anonymous Coward · · Score: 1, Insightful

      Sony vs. Betamax protected manufacturers, not consumers, nor did it legitimize "library building" as a form of timeshifting. Just because a court case protected a manufacturer's right to build a potentially infringing device doesn't mean that every possible private use of that device is legal.

    2. Re:Just what law do they imagine is being broken? by Spydr · · Score: 1
      It is not illegal for me to tape every broadcast of a television show and to build my own personal library



      XM != television - you sign up for a service, so you are bound to the agreement between you and the service provider, so they have every right to say you can't record it.

  32. Easy. by DAldredge · · Score: 1

    The hope to beat it by buying off those in DC that write new laws.

    1. Re:Easy. by quacking+duck · · Score: 2, Informative

      Funny thing though--he lives in Ottawa, Ontario, Canada. U.S. legislation has no bearing on this, barring political pressure to "harmonize" our respective copyright laws (Canada's are a bit more sane for the time being).

  33. Dear XM by jeffkjo1 · · Score: 5, Interesting

    Dear XM,

    Over the past few months, I have been evaluating purchasing and subscribing to a satellite radio service. I have been weighing pros and cons of both yours and the Sirrius service. I mostly came up with even hands. However, your recent disappointing legal actions against Scott MacLean have helped me make my final decision. I will not be purchasing or subscribing to any XM satellite radio service, and I will encourage my friends and neighbors to avoid your service as well.

    Thanks for your help,
    Jeff

    1. Re:Dear XM by LostCluster · · Score: 4, Insightful

      Before you jump for Sirius, just notice that XM put out a piece of hardware that is surprisingly easy to control by homebrew code, and also outputs audio in the form of an easily recordable analog line out wire. I don't know of any Sirius unit that is similar to the XM PCR unit.

      They haven't sued the guy, they've just had their lawyer send a nasty-worded letter that the software writer correctly knew he could ignore. So far they've just gone through the motions of being upset without actually doing anything to harm the guy.

    2. Re:Dear XM by Anonymous Coward · · Score: 0

      sirius rocks. check http://www.itsonsirius.com/ for a cool hack with a sirius raido.

      also on the topic of thisngs that rock... jager boombs fuck yeah

    3. Re:Dear XM by fishbowl · · Score: 1

      Add three peons to the list. This is particularly satisfying, because three different people, including myself, were seriously considering XM, until now.

      Maybe you don't care about a few people not buying your service. So it's no loss on anyone's part.

      --
      -fb Everything not expressly forbidden is now mandatory.
    4. Re:Dear XM by localman · · Score: 3, Insightful

      They haven't sued the guy, they've just had their lawyer send a nasty-worded letter

      And I didn't punch him in the face, I just said I would and then took a fake swing. Guess what: that's illegal, as it should be. How is this any different?

      Cheers.

    5. Re:Dear XM by DAldredge · · Score: 1

      You can make that four.

    6. Re:Dear XM by Anonymous Coward · · Score: 0

      Agreed. The fact that this USB gizmo exists makes me more interested in satellite radio in general (and XM in particular) than I previously was. The fact that there's already some pretty good Linux software for it's just icing.

    7. Re:Dear XM by LostCluster · · Score: 2, Insightful

      It's different because you have no right to physically harm him, and to threaten to do so causes him undue emotional pain so that's illegal too.

      They, however, have a right to sue him at any time. I in fact could sue you right now if I felt like it... oh, I have no chance of winning such a lawsuit because I have no idea what it would be about, but our system doesn't have much if any penality for filing a worthless lawsuit, so threatening to file a worthless lawsuit certainly doesn't merit any penality.

    8. Re:Dear XM by localman · · Score: 1

      Well, there's "wrong" and "illegal".

      I thought that frivolous lawsuits were illegal? But even if they're not, the original post I was replying to wasn't really discussing the legality of it, but more or less saying that people should get off XM's case because it was no big deal.

      Having been on the receiving end of a couple of meaningless lawsuits I can honestly say I would have much rathered if they threw a fake punch. The lawsuits caused me and my family huge amounts of wasted time and emotional suffering.

      So legal or not -- the people bringing this lawsuit are assholes and they are messing with a human being's life in a serious way without much regard. Anyone who thinks that is wrong should place them on their personal sh*t list.

      Cheers.

    9. Re:Dear XM by LostCluster · · Score: 1

      the people bringing this lawsuit

      Overstatement. There is no actual lawsuit, only the threat of one. Your comments are well taken should there be an actual punch/lawsuit, but we are only talking about a threatened lawsuit.

    10. Re:Dear XM by localman · · Score: 1

      I guess I feel that a threatened lawsuit is a powerful thing and shouldn't be thrown around anymore than threatened violence.

      The purpose of the threat is to get him to stop him using intimidation. Since in law, like violence, your success has as much to do with your size as the legality, intimidation by companies against individuals is an effective form of control even if there is no law backing up the suit.

      I understand that anyone can sue anyone. Fine. And I'll even accept that there are little or no penalties for frivolous lawsuits. But I take exception to acting like their bullying isn't an act of aggression. Whether a bully follows through isn't the point. I won't support them. That's all.

      Cheers.

    11. Re:Dear XM by LostCluster · · Score: 1

      The bully to boycott is the usual Slashdot foe called the RIAA.

      XM is simply the name on the letter he got with the threat because they are a victim of the same bully, and the RIAA demanded that XM send him that threatening letter with their signature on it.

      As far as we can tell, he took the meaningless legal threat as meaningless, and threw the letter away. The threatened lawsuit still hasn't come and most likely never will. "No harm, no foul" applies. All they've really done is send him a note that has him talking to his own lawyer, which is something anybody who releases an RIAA-unfriendly tool should do on a regular basis before they do something that really merits a lawsuit by mistake.

      You shouldn't boycott XM for simply relaying an empty RIAA threat. Afterall, they've had to had a lot of guts to stand up to the RIAA and release a product with so much capability to be exploited in an RIAA-unfriendly way. Their main competitor does not offer such a product, afterall.

    12. Re:Dear XM by localman · · Score: 1

      I'm going to take a guess that you've never had to change the course of your life because of legal threats. I've had this happen to myself and my family a couple times. And I can tell you that it has about the same effect as any physical threat -- except it's worse because it's "legal".

      I don't know why you feel comfortable speculating that the fellow wasn't put out by this, or that XM wasn't really behind it, that the threat is hollow. I'm adressing only a simple fact: XM sent a threat to someone who is making a tool that Supreme Court precident has shown to be legal.

      They have the right to do this, but it's still a lousy thing to do. It's using threat of overpowering money to stop otherwise legal activities. Sorry, it's something I won't condone no matter how nice their product otherwise is.

      I realize this doesn't have an major effect, but I prefer to stand and be counted for what I feel is right -- even if it's not a big deal yet.

      Cheers.

    13. Re:Dear XM by Anonymous Coward · · Score: 0

      I don't think we've got too much to worry about. Our market surveys don't show much correlation between ranting /.ers and what people out there recognise as a good product. But again, thanks for your input.

  34. The real problem by DreadSpoon · · Score: 1

    The problem is valid.

    When you buy an album (be it a CD, on iTunes, wherever) you are paying the artist (and RIAA, unfortunately) for the right to repeatedly perform the work for your personal pleasure (no commercial broadcasts).

    When a song comes in over the radio, only a (relatively small) fee is paid for the song to be used commercially and repeatedly.

    If all users just grabbed their songs off broadcasts, then either artists wouldn't make any money (since there'd be a small handful of stations paying paltry payments for each album) or the cost of running a radio station would become higher than would ever be feasible to sustain (as each song would cost $1,000's to license to play on the air).

    Songs coming from the radio are intended for listeners to hear once for every time the radio airs it.

    Talk all you want about the RIAAs business model, you simply can't possibly claim there's any shred of hope of making money when people just snag all theirs songs off of radio.

    1. Re:The real problem by base3 · · Score: 4, Interesting
      Talk all you want about the RIAAs business model, you simply can't possibly claim there's any shred of hope of making money when people just snag all theirs songs off of radio.

      Exactly. Which explains why the music industry was utterly destroyed by the cassette recorder, and finished off by ISA FM radio cards.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:The real problem by ALpaca2500 · · Score: 1

      i might record a song off xm radio and listen to it an indefinite amount of times, but i'm still paying $10 a month for the xm radio. i'm not going to amass a library of songs, and then suddenly cancel my subscription.

      i still want to hear new music. and xm it's not my only source of music. i'm still buying CDs from the same artists i have been, and new artists that i like. i'm sure someone who's willing to pay for radio instead of listeneing to fm is somewhat of a music enthusiast, and does the same.

      so, my guess is that people recording songs off of fm, and having software to do it automatically, is not going to cause much harm...

    3. Re:The real problem by amalcon · · Score: 1

      you are paying the artist

      Technically yes, but the fee is again relatively small (as little as 75c per album, and only for absolutely huge albums does that make up for the ridiculous entry costs to the industry).

      It's still impossible to legislate against this sort of thing; if I'm literally throwing copyrighted material through the air for all to hear, I've given up any measure of control. The ony reason radio has not been crushed as a medium is that it's integral to the process of telling consumers what they want to listen to.

      --
      -Amalcon
    4. Re:The real problem by mrchaotica · · Score: 1
      Talk all you want about the RIAAs business model, you simply can't possibly claim there's any shred of hope of making money when people just snag all theirs songs off of radio
      Well, damn! I'll just whip out my checkbook, pull down my pants and bend over, because I feel so sorry for the RIAA not being able to make money, especially because of people doing something perfectly legal!

      Fuck the RIAA! If they can't figure out a way to make money without threatening their own customers with Mafia tactics, then they deserve to die!!

      And YOU expect me to care?! Fuck you too then! You're just a brainwashed, spinless shill!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    5. Re:The real problem by An+Onerous+Coward · · Score: 3, Interesting

      Ummm, I would point out that no court case has shown that it is legal to amass a music library that way. In fact, all Sony vs. Betamax showed was that the manufacturers of recording devices weren't responsible for their customers' abuses.

      Get it straight: The guy who wrote the software should be cleared under SvsB. The folks who abuse it, however, are protected only by their relative anonymity.

      --

      You want the truthiness? You can't handle the truthiness!

    6. Re:The real problem by Dun+Malg · · Score: 1
      The guy who wrote the software should be cleared under SvsB.

      Actually, since he's CANADIAN, a US Supreme Court decision doesn't really affect him, nor are the desires of the RIAA directly relevant. It's probably a provision of Canadian copyright law.

      --
      If a job's not worth doing, it's not worth doing right.
    7. Re:The real problem by whoever57 · · Score: 1
      When a song comes in over the radio, only a
      (relatively small) fee is paid for the song to be used commercially and repeatedly.

      If all users just grabbed their songs off broadcasts, then either artists wouldn't make any money (since there'd be a small handful of stations paying paltry payments for each album) or the cost of running a radio station would become higher than would ever be feasible to sustain (as each song would cost $1,000's to license to play on the air).

      Haven't you got that the wrong way round? Since the labels pay the radio stations to play their music (albeit indirectly), shouldn't the labels be paying the radio stations much more if the songs are played multiple times? </irony>
      --
      The real "Libtards" are the Libertarians!
  35. Replace "TimeTrax" with "VCR"... by Hamster+Lover · · Score: 1

    and the problem is...?

    With a VCR (now PVR on my digital satellite system) I have built up a library of movies over two decades. Oh heavens, here comes the MPAA!

    Maybe INDUCE will REDUCE this.

  36. One question. by teamhasnoi · · Score: 1
    When will we get to send RIAA officials and lawyers to a small Pacific island and hunt them like rabid dogs?

    I really need to know. Really bad.

    1. Re:One question. by bladesjester · · Score: 1

      Next Tuesday's good for me...

      --
      Everything I need to know I learned by killing smart people and eating their brains.
  37. So what's new? I do this now all the time... by DrRobert · · Score: 4, Informative

    with a line in to the mac and AudioHijack Pro. You set a time and it records. I'm sure you don't need to write your own special software.

    1. Re:So what's new? I do this now all the time... by Anonymous Coward · · Score: 0

      The difference, dipshit, is that your PC connects to the XM receiver and CHANGES THE CHANNELS over usb. Line-in and recording software isn't unique to your mac, but the ability to interface with XM is. Cripes, rtfa you lazy shit.

  38. XM leaving out USB connectivity in new receivers by havaloc · · Score: 2, Informative

    Rumor was that the new SkyFi 2 was going to have USB connectivity built into the home cradles to provide XMPCR functionality. Now though, it seems like this will go away, which is a real shame. Also, the USAtoday article says that the most of the current radios cannot be hooked up to the computer, which is just wrong. Anything you can hear, can be recorded.
    My question is, it seems pretty obvious to me that someone was going to do this, so why release the PCR at all? My guess is that they didn't want to offer online streaming like Sirius and wanted to pick up extra subscriptions for PCRs. Look what that got them. In any case, XM has a neat product and is doing well.

  39. this is getting out of control.... by Anonymous Coward · · Score: 3, Insightful

    the riaa and mpaa are really stretching the term 'copyright infringement' if they weren't already from the get-go.

    how can recording a service you legally subscribe to for your own personal use be even thought of as being illegal?

    unless he's using the recordings to sell as a product, or to re-broadcast himself, there is nothing remotely illegal about anything of this nature. and if there is, the laws need to be changed.

  40. Missing adjective by n3bulous · · Score: 2, Informative

    "The user can leave the software running unattended for hours and amass a vast library of songs."

    Please insert "crappy" before "songs". I've had XM for a year and it's rare to hear two worthwhile songs back to back on any station. They seem to focus on "deep tracks", defined to be the stuff fans of the band don't even like.

    After a few hours of listening to my friend's Sirius, I regretted choosing XM, and only chose XM because they seemed to have the subscriber numbers to last long term.

    --
    "The area of penetration will no doubt be sensitive." ~ Spock
    1. Re:Missing adjective by Anonymous Coward · · Score: 0

      In spite of not hearing "two worthwhile songs back to back on any station", you still had XM "for a year" ?????
      What a 'sucker'!!!

    2. Re:Missing adjective by n3bulous · · Score: 1

      Well, the espn and bbc are worthwhile. On the other hand, I had pre-decided to give it a year. For the first 3 or 4 months the comedy channel was awesome, until I kept hearing the same skits over and over again.

      I didn't say the whole service was worthless, just that their song playlist pretty much sucks...

      --
      "The area of penetration will no doubt be sensitive." ~ Spock
  41. Re: Link to software page by qubezz · · Score: 5, Informative

    It also looks like Slashdot is a little behind on this news, it's been discussed since Tuesday on the XM developer's forum http://www.xmfan.com/viewtopic.php?t=27670.

    One interesting post by the developer indicates that he has purged purchaser's personal information from his database:

    As there has been some concern about contact information held by me, I have changed my database so that the only information stored is the issued key number. Email addresses and any other identifying information about purchasers is discarded immediately after the credit card validation process has completed.
    The key number is derived from a one-way hash using your radio ID and some other internal information. It will work only with your radio, however no information (including the radio ID) can be derived from it.

  42. Terms of Service by Anonymous Coward · · Score: 1, Informative

    I think everyone is missing the obvious here... recording the service is against the Terms of Service that everyone agrees to when they sign up for XM.

  43. What the fuck is going on by Anonymous Coward · · Score: 5, Insightful

    Man I cannot BELIEVE that people are saying stuff like this with a straight face:

    ((("That's a product that's not authorized by XM," Chance Patterson, vice president of corporate affairs, told Reuters last week.)))

    Excuse me, but why does the world need YOUR permission to record broadcasts? Can I set my coffee cup next to the radio and illegally alter it's temperature?

    I know the law is fucked up right now but this kind of stuff still continues to amaze me.

    Yes, it's not authorized by XM, so what?

    ((("That program is something we don't condone ... It's our expectation they will be shut down," he added. "We're also researching any potential legal violations.")))

    I was actually thinking of buying an XM radio and recording shows was a *specific feature I wanted*. I was planning on writing my own program to do what this guy is selling. How hard can it be? When I was a kid I used to record the radio all the time, that's probably why I'm a big music buyer now.

    I'm not going to bother. XM is spawned from the same primordial ooze that the RIAA crawled from. These guys are all the same. You can't even jerk off within 10 feet of their "licensed product" without paying a fee.

    (((Michael McGuire, an analyst at technology research firm Gartner. "It's very hard for policy and copyright law to keep up with the pace of technological change.")))

    What does copyright law need to do, make sure it gets in the way of any product that comes out? It's funny how we have this constitution that's supposed to be a firewall from government, but it has a big open port: the copyright clause. Pretty soon, are whole legal system will revolve around some form of copyright, since everything is based on information. Just amazing and frightening.

    ((("We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library,")))

    Un-fucking-believable. One thing is for certain, you're not transforming any of my money into vacations in Europe anytime soon, Mr. RIAA exec.

    (((In a letter seen by Reuters, XM's lawyers told MacLean to .. provide the company with a list of purchasers.)))

    And what will they do with that list I wonder? Report it to Tom Ridge? What on earth?????

    20 years ago this kind of stuff would be great satire. I can't imagine what 20 years from now will be like. And honestly, I I don't want to.

    1. Re:What the fuck is going on by calidoscope · · Score: 4, Interesting
      (((In a letter seen by Reuters, XM's lawyers told MacLean to .. provide the company with a list of purchasers.)))

      Wonder if the typical slashdotter is starting to get the picture of why the NRA gets wigged out when gun registration is mentioned??? Besides, would XM turn over their customer list if some scumbag lawyer asked for it?

      --
      A Shadeless room is a brighter room.
    2. Re:What the fuck is going on by Anonymous Coward · · Score: 0

      I wonder if the typical NRA member is starting to get the picture why the some people get wigged out when NRA members do not see the fundemental difference between owning a radio and owning a gun.

    3. Re:What the fuck is going on by MC+BoB · · Score: 1

      He's violating the Terms of Service he agreed to when he signed up for service. So he's in breach of the contract he voluntarily signed. Hence XM is well within thier rights to terminate his contract and pursue damages.

      Honestly, I doubt it will ever make it that far, especially since Delphi has included a time delay feature (up to 30 minutes) into the new SkiFi2 reciever. http://www.xm411.com/

      The time shifting arguement will probably never hold up in court, especially since they sell a similar function in thier own systems.

      They are just doing the prudent thing and ensuring this is within legal bounds of copyright. Otherwise, they place their ability to obtain and broadcast copyrighted material at risk. Thus risking thier entire business.

      If you want to know who you should really fight in the radio/tv space, it's the NAB.
      Check out this article on thier attempts to silence satelite radio:
      http://www.forbes.com/business/forbes/2004/0906/13 4.html

      BTW: I am an XM subscriber and it's great.

    4. Re:What the fuck is going on by cellocgw · · Score: 0

      Wonder if the typical slashdotter is starting to get the picture of why the NRA gets wigged out when gun registration is mentioned???

      Can someone please explain to me why this got modded +5 Interesting? Are there still /.-ers who dont' understand that anything with "gun" "abortion" or "Microsoft" is a Troll?

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    5. Re:What the fuck is going on by calidoscope · · Score: 1

      Ownership of radios have been frequently forbidden by oppressive regimes (e.g. North Korea, Germany under Hitler, the U.S under Wilson). If you haven't been paying attention, your right to own non-DRM'ed radios or TV's are being threatened by the *AA's.

      --
      A Shadeless room is a brighter room.
  44. Re:thoughts - Just your 2 cents + $1M more by Nom+du+Keyboard · · Score: 1
    I dont see how the RIAA lawyers can come down on this one.

    Easy. Too easy. Doesn't matter if you're right -- if you can't afford to defend yourself. He'll likely cave, rather than pay what it would cost to win in court. That's what's wrong with the USA legal system. Being right can still break you against a well-funded, throughly corrupt, opponent.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  45. They still don't get it. by upsidedown_duck · · Score: 2, Insightful


    Why is it that entertainment producers work so hard to make their products not entertaining? To me, it seems pretty retarded, but, perhaps, I'm just not as wise and all-seeing as they are.

    --
    -- "Makes Little Debbie look like a pile of puke!" - Moe Szyslak
    1. Re:They still don't get it. by The+Conductor · · Score: 1

      The object is to keep people watching or listening. One way to do that is be entertaining, but there may be easier or more effective ways. For example, seeing your neighbor's house burn down is not most people's definition of entertainment, but you do watch....

  46. Hopefully the Opie and Anthony fans will be... by Jackie_Chan_Fan · · Score: 1

    making use of this, or something similar when they return to radio this fall.

  47. What about the Radio Shark? by Phat_Tony · · Score: 2, Interesting

    It's not for XM (yet), but I wonder how the RIAA feels about the Griffin Radio Shark?

    They'll probably ignore it until there's a PC version.

    --
    Can anyone tell me how to set my sig on Slashdot?
    1. Re:What about the Radio Shark? by MattHaffner · · Score: 1

      They'll probably ignore it until there's a PC version.

      Or, even until there is a version.

      Although I bet the problem here is the quality of XM versus FM (signal that is, not material). You know... cause it's hard not to tell the difference between that track on a CD and the 14.4 kbps MP3 mono version you snagged from Limeware last night.

      Unless they intend to go after all of us with tape recorders after they run out of Permission2Pilfer users. Hey, I bet there's more users there than even of Windows.... oops, shouldn't have tipped them off...

  48. No wonder by ryanvm · · Score: 2, Funny

    Ugh - Blondie's reunion tour? No wonder he's single.

  49. worse than suing file sharers by radarsat1 · · Score: 1

    Somehow I can't help but find this particularly disturbing. I can *almost* (almost, but not) find it logical that RIAA record companies would want to crack down on file sharing. But suing someone for writing software that records music?

    Not only are there already millions of programs out there that can do the same job (ie, recording line-in from the soundcard), although they may not categorize and name the files, it is not exactly breaking news that people can record the radio.

    People have been recording radio shows for decades, and I even know people who have recorded shows on their computers, because tapes don't last 2 hours. What exactly has this man done wrong? We are at the point where we are suing people for merely writing useful utilities. This is beyond "too far", it is plain disturbing.

    1. Re:worse than suing file sharers by VidEdit · · Score: 1

      Perhaps most disturbing of all is that XM demanded a customer list, like its illegal to even own recording software! What this software does is clearly legal because he is making degraded recordings off of the analog signal. Thus the RIAA's arguments about perfect digital copies becomes moot.

      --
  50. I know how to do that without paying subscription by Anonymous Coward · · Score: 1, Interesting

    Get a satellite DVB card for your computer.
    Get program http://audiorip.dvbnetwork.com/
    Point your dish to one of the DISH networks satellites or BellexpressVU.
    I'll record radio stream directly to your computer. You can record multiple audio channels at the same time if they're in the same satellite transporder. And if you put the magic software that decripts the nagra encryption. then you can get the sirius radio channels and do exactly the same.

  51. They just won't give up... by Fnkmaster · · Score: 5, Insightful
    Listen, you can go get yourself the source code for JavaXM or OpenXM and with a couple of other library files, you could probably hack this same functionality (take the song data off the digital stream, and record the audio to a file, which you name and categorize appropriately) in a couple of hours. And if you really want to do it with a nice GUI and stuff, you could do it with a few days work. As long as you make the thing and have it interface with a computer, AND you even encourage developers to write third party apps, there's not much you can do to prevent people from doing stuff like this.


    I'm all for supporting the artists, but I am already paying 10 bucks a month for XM radio (actually it'll be about 21 a month, with my second radio, and the Opie and Anthony premium subscriptions). If I want to record a few songs for my own personal use, as long as I don't put them up on Kazaa, who the hell's business is that - this is supposed to be my damned right, and the artists ARE getting paid. XM needs to pull the stick out of its ass re: their EULA, and the RIAA needs to die.


    You can't sell people on a product (the XM PCR) and the freedoms and flexibility it gives you (seriously, read their marketing copy selling these things), then get pissed when people start paying you money in order to take advantage of its freedoms and flexibility using third party software.

    1. Re:They just won't give up... by radarsat1 · · Score: 1

      I couldn't agree more.

    2. Re:They just won't give up... by Anonymous Coward · · Score: 0

      I've seen just this product for linux:
      http://freevo.webalias.com/xmdaemon.html

  52. He raised the price on Tuesday to $29.95... by Edward+Teach · · Score: 3, Funny

    in anticipation of the extreme bandwidth costs associated with being slashdotted.

    --

    Setting his threshold to 5, Sparky eliminated most of the trolls on /.

  53. XM officially supports time shifting by gnugie · · Score: 3, Interesting

    XM already has a product that allows time-shifting, although only for 30 minutes. It seems they're fully in support of your rights, as long as they get to control them. http://www.delphi.com/news/pressReleases/pr29451-0 8182004

    --
    Don't know; Don't care; Don't ask
  54. "Provide a List of Purchasers?" by Didion+Sprague · · Score: 4, Insightful

    What's scary isn't the application itself -- it's the idea that a company can demand the list of purchasers.

    WTF? They're going to go after people recording songs off the radio now?

    1. Re:"Provide a List of Purchasers?" by LostCluster · · Score: 2, Insightful

      A company can demand anything it wants to demand. Doesn't mean they'll get it...

    2. Re:"Provide a List of Purchasers?" by Stevyn · · Score: 2, Insightful

      At this point, who knows. I don't understand why they'd bother. How much of a threat to their failing business model is recording songs off the radio. If I want an entire album, I'll find the torrent. If I want that one song I'm looking, I'll look on the fasttrack or giFT network.

      Even though it's digital and the quality is better than from a tape, it doesn't make it easier than directly searching for and downloading the song from older piracy means.

      At this point, I'm sure 3/4 of the people here slap their foreheads when the RIAA or MPAA does something like this. They consistently try to deny the benefits of Internet distribution in hopes that people will pay $22 a cd at the mall. Eight years ago they should have some out with their own iTunes and we wouldn't be in this situation now of hiding under a rock every time we listen to music in an ill-approved manor.

    3. Re:"Provide a List of Purchasers?" by Anonymous Coward · · Score: 0

      I demand that they stop demanding.

  55. This calls for a new standard.... by durtbag · · Score: 5, Funny
    We need to come up with a new, OSS, audio standard. Then name said standard ".jizz". This way, every time the press reports on the savage beat-downs the RIAA lawyers are handing out to people exercising fair use we'll at least get a laugh.

    Imagine Sen. Hatch on the 5pm news:

    "Jizz will destroy the hard work thousands of people. If we allow jizz to spread, thousands of jobs will be lost. Not to mention the kids, what will all this jizz everywhere do to the kids?"

    --
    itadakimasu
  56. USA Today... by mikeage · · Score: 2, Funny

    in other news from USA Today:

    "Number 2 is Number 1"
    "America's Favorite Pencil"

    USA Today... the newspaper that's not afraid to tell it like it is: Everything's going to be just fine

    With apologies to the Simpsons...

    --
    -- Is "Sig" copyrighted by www.sig.com?
  57. How to do it for free! by Anonymous Coward · · Score: 0

    I know how to do that without paying subscription
    Get a satellite DVB card for your computer.
    Get program http://audiorip.dvbnetwork.com/
    Point your dish to one of the DISH networks satellites or BellexpressVU.
    I'll record radio stream directly to your computer. You can record multiple audio channels at the same time if they're in the same satellite transporder. And if you put the magic software that decripts the nagra encryption. then you can get the sirius radio channels and do exactly the same. You can also get the video channels and record them virgin Mpeg2 stream.

    1. Re:How to do it for free! by Anonymous Coward · · Score: 0

      Yes DVB would be much better. According to the article TimeTrax encodes an mp3 from the analog output, but DVB is all digital.

  58. forgive me for going off on a rant but... by ALpaca2500 · · Score: 2, Insightful

    i just bought one of these XM PCRs. i have been thinking about XM for quite a while, mostly for my car, but when i heard about this TimeTrax software, and found out the receiver is only ~$40, i bought one right away. after listening to it for a week (and being able to take it on vacation, along with my laptop) i hink xm is much better than am/fm. there is a much wider variety of stations (25 rock/hits stations, compared to 6 or 7) and they play a lot of good new music, and old music. (and, also a lot of the same crap on regular radio, but i think the good stuff more than makes up for it).

    so anyway, i love the idea of timetrax. it's not like i'm going to record everything off of xm, and then cancel my subscription, and then never buy a cd. rather, there are some songs i would like to listen to a few more times than they get played, and i want to be able to record shows that i'd miss otherwise, or might want to listen to again sometime. i understand that officially, XM can't support actions like this, but threatening legal action against it only gonna piss people off, and i bet this functionality will end up selling a lot of these XM PCRs. i'm one new subscriber already.

    1. Re:forgive me for going off on a rant but... by Oswald · · Score: 1
      it's not like i'm going to record everything off of xm

      Exactly. In fact, the reason I got satellite radio was because the alternative was to buy an mp3 player, spend hours filling it up with music, and then hit Random Play. Hmmm...portable music box playing random tunes...that sounded a lot like a radio. I thought: I'll take less work and more variety over the slim advantage of being able to pick which 7000 (or whatever) songs are in my music box.

      So, now I'm going to suddenly decide to start recording music? I don't think so.

  59. No such law by jmorris42 · · Score: 4, Interesting

    Except we told Digital Convergence to FOAD in the CueCat: case and they did. Specifically I told them to "Come get some" and they never took me up on the offer.

    http://beau.org/~jmorris/linux/cuecat/

    --
    Democrat delenda est
    1. Re:No such law by base3 · · Score: 2, Interesting

      Just read your reply to their C&D. Quite heartwarming :).

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:No such law by jmorris42 · · Score: 3, Informative

      Just remember that sometimes good does triumph over evil. Someday, if we have the will to keep on fighting we will beat the DMCA and the RIAA as well. They have the money but we outnumber them. Wasn't it Stalin that said that Quantity has a Quality of its own? Of course our side happens to have the quality advantage as well when it comes to having more bright folks who can reverse engineer whatever crap they throw at us next.

      But to fight them long term we have to make the politicians who give us crap like the DMCA fear us more than they want to make the MPAA/RIAA happy. As things stand BOTH major political power structures are against us. The Democrats supported DMCA, the Sonny Bono extension, etc because they depend on cold cash from the Hollywood left. The Republicans went right along because they like busineses like Time Warner and News Corp and the cash they pony up. Neither sees us as either a voting or donor block important enough to bother listening to.

      --
      Democrat delenda est
    3. Re:No such law by randyest · · Score: 2, Interesting

      I'll second that, and humbly ask permission to use your fine letter as a basis for (or possibly in toto as-is) my own response to such asshattery, should I ever need it.

      --
      everything in moderation
    4. Re:No such law by Anonymous Coward · · Score: 1, Interesting

      Except we told Digital Convergence to FOAD in the CueCat: case and they did. Specifically I told them to "Come get some" and they never took me up on the offer.

      http://beau.org/~jmorris/linux/cuecat/


      In an earlier age, a MAN with your spirit and balls wrote a letter (with some friends) to his KING and said enough is enough we're not doing what you say no more and if you don't like it come make us, and here are our names - and he signed his name REAL BIG so the king could read it without his glasses and to this day his name is a synonym for signing your name - i.e. writing your John Hancock.

      Bravo, Sir.

    5. Re:No such law by base3 · · Score: 1

      I think the best hope is for the man on the street to become aware that new devices and services are being purveyed which won't allow him to do things with media that he can do now. The problem is that, as Apple has shown, the IP cartel can get the camel's nose underneath the tent with gentle DRM, then crank down the screws as time goes on.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    6. Re:No such law by Skjellifetti · · Score: 1

      They have the money but we outnumber them.

      I disagree. 60 million people sharing files on P2P networks contributing $100 each to EFF or their Anti-DMCA Congress candidate instead of buying CDs? We not only outnumber them, but we have more money, too. In fact, we have all the money since we can easily survive without the RIAA but they would wither and die without us.

  60. Re:thoughts - Just your 2 cents + $1M more by Joffrey · · Score: 1

    This is precisely the sort of situation that the EFF typically looks into, and precisely the sort of reason that you (and I) should support the EFF if you like how they intervene on behalf of "the little guys."

    --
    No, really! I'm one of the *good* lawyers!
  61. Uhh...What wins? by teamhasnoi · · Score: 3, Interesting
    XM TOS

    b) Use Limitations.
    You may not reproduce, rebroadcast, or otherwise transmit the programming, record the programming, charge admission specifically for the purpose of listening to the programming, or distribute play lists of the programming. Notwithstanding the provisions of Section 9*, we or any of our programming partners may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the FCC, and other applicable laws. Subscription to the Service does not grant you the right to use any of our or our partners' trademarks.

    So - does this trump Fair Use or what? Obviously complicated by the whole Canada thing - but what about here?

    9. RESOLVING DISPUTES.

    In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to this Agreement, or the Service (referred to as a "Claim") will be resolved as follows:

    c) Exceptions.

    Notwithstanding the foregoing:

    any dispute over the validity of either party's intellectual property rights or our licenses to operate our business;

    any Claim based on Section 9(b) above; and

    any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. 605, or the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, may be decided only by a court of competent jurisdiction.

    1. Re:Uhh...What wins? by kavau · · Score: 3, Informative
      Canada's copyright laws are quite friendly towards the consumer. For example, it's perfectly legal to borrow CDs from the public library and make personal copies. In this case I would make an educated guess that the company can't just overturn the Fair Use laws by some blurb in the licence agreement.

      Common law always wins over individual licenses.

      Disclaimer: IANAL

    2. Re:Uhh...What wins? by OldeClegg · · Score: 1



      That looks like prior restraint objection bait to me.

      Your rights are not relinquished just because you sign a contract that excludes them in order to purchase something.

    3. Re:Uhh...What wins? by Anonymous Coward · · Score: 1, Interesting

      Sure it's breaking the contract, but what is the remedy? Breaking a contract isn't even illegal per se (that's just lying), it's only illegal to cause monetary damage *via* breaking a contract, and it has to be direct. "But he soon won't need us" isn't going to come close to cutting it.

      Second, if there is a remedy in the contract (such as cancellation) then that is all that XM will likely be entitled to. So, big whoopie. They get to cancel your contract, which I'm guessing they reserved the right to do at any time anyway.

    4. Re:Uhh...What wins? by Anonymous Coward · · Score: 0

      "You may not reproduce, rebroadcast, or otherwise transmit the programming, record the programming..." So - does this trump Fair Use or what?

      I'm going to guess that when the VCR came out, TV networks were claiming the same sorts of restrictions. (Can anybody confirm?) A Supreme Court ruling trumps that.

  62. Idiotic Lawyers by b0lt · · Score: 1

    Time shifting (recording something for later playback) is PERFECTLY legal. Read the wikipedia article, you stupid idiots :o

    </rant>

    -b0lt

    --
    got sig?
  63. Re: Link to software page by JohnnyGTO · · Score: 2, Funny

    He may want to go a step farther a strap a have pound of thermite to the top of that drive... just i case.

    --
    Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
  64. It's a contract by tepples · · Score: 1

    Yes, it's not authorized by XM, so what?

    XM Radio is a subscription service, which is much more likely to create a binding contract than any click-wrap around a free service. Having little interest in the service, I haven't read the TOS myself, but I'd imagine that it could provide for severe penalties should a subscriber be found liable of using the Service to infringe copyright.

    1. Re:It's a contract by Anonymous Coward · · Score: 0

      1) infringing copyright is already illegal.

      2) wait, it's copyright infringement to record something in your own home????

      3) why an earth would anyone agree to these terms? I know I'm steering clear of XM in the future.

    2. Re:It's a contract by david614 · · Score: 1

      If, that is, he/she is infringing copyright. There is such a thing (for now) as fair use..... D

      --
      ELITISM: It's always lonely at the top. Uninvited company is rarely welcome.
    3. Re:It's a contract by tepples · · Score: 1

      If, that is, the TOS doesn't ban all recording as an express condition of continued Service. There is such a thing (for now) as being dropped by XM..... D

  65. Take this. by fishbowl · · Score: 1

    I have very recently purchased car stereos, two of them, one for each car. Nice systems, MP3 players, with XM option.

    I was considering the XM deal. Until I read this article. Now it will *never* happen.

    The only reason I needed to buy into XM was that it was available. But now, the XM broadcast people have given me a strong negative that will not be easy for them to undo! I was in a position to refrain from doing business with them, and now I will refrain. Probably forever.

    --
    -fb Everything not expressly forbidden is now mandatory.
  66. Or "Ogg Spics" by tepples · · Score: 1

    We need to come up with a new, OSS, audio standard. Then name said standard ".jizz".

    Or we could use the existing name ".spx" (which officially stands for Ogg Speex, a talk-radio codec) and make anti-consumer advocates, such as the RIAA, its member labels, and its bought-and-paid-for senators, appear racist:

    "Spics will destroy the hard work thousands of people. If we allow spics to spread, thousands of jobs will be lost. Not to mention the kids, what will all these spics everywhere do to the kids?"
  67. BItch out their mouthpiece by dmanny · · Score: 2, Informative
    A quick google search for the xmradio with the quoted two words "chance patterson" yielded as the first hit:

    About Us - Press Room - Login ... Please call Jennifer Markham (202) 380-4315. Contact Information. Press Contact: Chance Patterson, VP Corporate Affairs chance.patterson@xmradio.com. ... www.xmradio.com/newsroom/ - 15k - Cached - Similar pages

    Hell, even Tivo is more enlightened than this.

    Let them know what you think....

    --
    All my previous sigs now look like this one, I wish they were permanetly recorded when used. :-(
    1. Re:BItch out their mouthpiece by Anonymous Coward · · Score: 0

      I, like many, was distressed to hear of your stated position in the USA Today article http://www.usatoday.com/tech/news/techpolicy/2004- 08-24-xmradio-timeshift_x.htm I am an early adopter of many tech toys. I have kept an eye on XM (and Sirius as well ) because of the lack of quality and variety of commercial radio. Currently my lifestyle does not warrant the purchase of your product. A few years before XM's availability, I would have paid dearly for the service as I was traveling on the road a great deal. I encourage you to become familiar with Tivo and their legion of rapid customers who are hackers. Instead of just the knee-jerk reaction, why don't you consider what the upside to innovation like this might be? Remember that these are your customers. If your public statements are not those of your own personal convictions but rather the role you must play, you have my pity. Your company evidently released an SDK for this hardware. What the hell did you think it would be used for, a different colored application window? The coming weeks will determine whether I will ever be likely to become one of those customers. I am sure that many copies of the program in its demo form have been downloaded strictly because your organization took the very questionable approach of trying to eliminate it. If you succeed in shutting this man down, you should expect a backlash in a couple of probable forms. The first is the possibility of other programs being made to imitate his and being freely made available. The other is that his limited function demo will be publicly unlocked and therefore become universally available. I will not take part in any such endevor. I have real work to do. However, anyone who has observerd the last few years would have to agree that these outcomes are likely. Surely you must have been advised that this was the case. There is the saying that there is 'no such thing as bad publicity'. For now it appears, you have given that publicity to the program. The only way that I can see that your organizations move was at all intelligent is that it does create publicity for your product too. As far as I can see, the best thing that you could do now would be to mount a hapzard campaign against this program and "fail". In that way, you will sell many units but even more in service to people that would have never otherwise considered your product. Remember that HBO was damn sure not scared of VCRs.

  68. Unleaches ? With an open flame? by Anonymous Coward · · Score: 0
    RIAA unleaches army of lawyers

    Having been lawyered out of tens of thousands by my ex and her shylocks, I can attest to the fact the only way to unleach lawyers is to burn them off with a flame.

    1. Re:Unleaches ? With an open flame? by name773 · · Score: 1

      the only way to unleach lawyers is to burn them off with a flame.
      Usenet for lawyers, making the world a better place sinse 2004!

    2. Re:Unleaches ? With an open flame? by Anonymous Coward · · Score: 0

      the only way to unleach lawyers is to burn them off with a flame.

      One day you'll discover the power of the salt shaker and curse all the li'l burn spots on your... uh... wallet...

  69. Re: Link to software page by name773 · · Score: 1

    he'd still have to use a magnesium strip and a blowtorch to light it...
    at that rate, he should also place a video camera in a good place to view the event, you know, documentation of the destruction of documentation (it's phun to watch)

  70. If I were Mr. MacLean... by Yaztromo · · Score: 1

    ...I would simply laugh in their faces.

    He's here in Canada, where there is nothing illegal about such software. The RIAA has no standing here, so they can't touch him. Neither can XM. We have no dumbass DCMA-esque legislation. "Fair use" is pretty well established here in favour of the consumer.

    I think their lawyers know this, and hope to scare him sufficiently to get him to give up the list of people who have purchased his software so they can go after the ones in the US.

    I hope he holds his ground. Canadians don't intimidate that easily.

    Yaz.

  71. Hmm by pkarlos_76 · · Score: 0, Offtopic

    Too bad, I for one though am not interested in paying for radio though. But I do like my Knaotix LIV HDD Installer CD als has a side benefit of being a Live CD. www.kanotix.com if anyone is interested.

  72. OMGWTF?!?!?! by Plocmstart · · Score: 1
    So let's see here... he sets his "XM Radio VCR" to record an analog signal and digitize it for his listening pleasure sometime in the future, and it just so happens that it can separate out songs by title and all that stuff that gets sent digitally with XM. Heck sounds a lot like a VCR to me except the play guide doesn't come in a paper "TV Guide" form with numbers to punch into the device to tell it when to record.

    So let's say I decided to start recording this same analog signal with, say, my good ol tape player. Would they be after me then? Probably not - because it's almost impossible to physically get it sent to 5 million other people rather quickly. Any time the RIAA notices that somehow "its" content could even possibly be sent from one person to another and they don't get a profit they're going to whine about it, and they sure are big whiners, with deep pockets too.

    I almost want to go buy a XM radio and this software just becuase the RIAA thinks it's illegal.

  73. Nice quote here... by Sebby · · Score: 2, Funny
    "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said.


    Well, I guess they better ban CDs, DVDs, and all MP3/audio players then!
    --

    AC comments get piped to /dev/null
    1. Re:Nice quote here... by Anonymous Coward · · Score: 0

      Better quote:

      In a letter seen by Reuters, XM's lawyers told MacLean to discontinue his sales and provide the company with a list of purchasers.

      He said he had no intention of complying and added that he had no such list.

  74. They coming for me next? You can do this too! by xtal · · Score: 1

    I wrote some scripts while ago to record public radio (CBC) from the radio and download it into my mp3 player awhile ago.. this didn't require anything more exotic than a cron job on my linux server and a sound card. It sounded fine.

    I fail to see how this could possibly be illegal. On the other hand, I don't live in the USA. What about if I connected it to my satellite reciever? A TIVO will work on that fine, and there's over a hundred radio stations on there.

    Seriously. Anyone can do this with lame, mp3enc or something like that, a wav recorder, a command line interface to their mp3 player, and cron. Isn't unix cool?

    --
    ..don't panic
  75. Free hackers tool by fm6 · · Score: 3, Interesting
    Sort of an interesting story, but not anything we haven't seen before. Fair use, big litigation-happy companies, yada, yada, yada.

    What much more interesting is that this same guy has written an ActiveX component which you can use to write more applications like his -- and which is free for non-commercial use. Hackers, start your editors!

  76. Why? by gswallow · · Score: 1

    "As expected, the lawyers are coming out. Seems like a good idea, though. This capability might actually entice me to get an XM radio."

    Why would you ever want to do that? The problem with FM radio today is that there's pretty much three companies controlling it -- Emmis, Clearchannel and Disney.

    NATIONWIDE.

    Why would you want to pay (and agree to a license?!) for "fixed radio", which has the same problem that all channels are run by the SAME company?

    --
    Diplomacy is the art of saying "nice doggy" until you can find a rock.
  77. DirecTiVo won't record music channels by Bob+Munck · · Score: 2, Interesting

    Just as a point of interest, DirecTiVo -- the combination of TiVo and DirecTV -- won't allow you to record the 40 or so music channels. It's probably the same irrational people. When XM does allow recording, they'll do it in such a way that they can block it for selected shows.

  78. News flash! Crackdown on reel to reel recorders by Anonymous Coward · · Score: 0

    It's called "line in"

    check into it...

  79. fm / am by Anonymous Coward · · Score: 0

    what stops you from using this on fm or am radio anyway. you set a time and record your line in on your soundcard, and you set a time to shut it off, who cares.

  80. XM Radio now with Digital Out! by PeeAitchPee · · Score: 2, Interesting

    For those of you that don't know, you can also get a PCR modded to include TOSLINK Digital Out. I have one and it sounds very good, although the XM music feeds are not nearly CD quality (as other Slashdotters have already pointed out), and the talk radio sound quality is sometimes pretty bad due to the amount of compression they use.

    1. Re:XM Radio now with Digital Out! by TheGratefulNet · · Score: 1

      how hard is it to add spdif to an existing unit?

      I see the normal unit is $50 and he wants another $50 (roughly) for spdif.

      if spdif is already there on a trace and it only needs the hitachi opto block, sounds like guys with guns(*) can work this out easily at home, no?

      ----
      (*) soldering type

      --

      --
      "It is now safe to switch off your computer."
  81. Risking redundancy... It's a paradigm change... by the_rajah · · Score: 4, Insightful

    As I've said so many times before, when are the media companies going to realize that the shift has happened. I'm sure the buggy whip manufacturera bemoaned the advent of the high-tech automobile and might have even wanted to outlaw them or require that all automobiles, by law, have to sport a fully functional buggy whip, but it didn't happen that way.

    Big media, instead of plugging the dike with thumb-like legal shenannigans, should be expending their efforts in finding a new business model that will actually work instead of pissing off their paying customers. The march of technology is relentless and people are resourceful. It's nothing but a losing game for RIAA and MPAA to try and stop it. Wake up, folks.

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
    1. Re:Risking redundancy... It's a paradigm change... by maidhc · · Score: 2, Informative
      Its just a case of history repeating itself.

      In the UK the 'Red Flag Act' was introduced in 1865. The meant that horseless carriages (read automobile) could only travel at 4mph in the country and 2mph in built up areas. They also had to have 3 'drivers' , 2 in the vehince, and one out from carrying a red flag.

      The Act remained in force until 1896.

    2. Re:Risking redundancy... It's a paradigm change... by Muad'Dave · · Score: 2, Insightful

      From this link::
      Robert Heinlein said it well: There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back, for their private benefit. - "Life-Line"

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  82. Great, just great by Anonymous Coward · · Score: 0

    Since I wrote an open source control app for the XMPCR and published it on Sourceforge, do I have to fear a bunch of jackbooted lawyers banging on *my* door? Do I just ignore this, or do I pull the files off Sourceforge and hope nothing comes of it?

    Quite a conundrum, this is. The XM web site seems to encourage independent developers, but will that change?

    I subscribed to XM about a month after they went live. I have one of the original receivers in my car, and an XMPCR on my shelf hooked up to my stereo. I'd toss both into the junkbox and cancel if they begin go into a litigious frenzy against the people who helped make them popular. This kind of action by companies (like SCO) against their own customers has sickened me enough.

    Bringing the XMPCR to Linux was something I took on because there was a need. Because of my giving away something I had fun writing, a program that people have found useful, do I need to fear being dragged into court like Grokster? I thought the rules of fair use (the Betamax decision) still stood.

    Thoughts? Advice?

  83. That doesn't stop the RIAA by msobkow · · Score: 1

    The RIAA has a Canadian branch, they just do their barratry and harassment through that division.

    So far they've managed to steal about $30-50 from my pocket for CDRs through their levies on blanks. The fact that I use them primarily for data backup is irrelevant -- they forced the Canadian government to dip into all our pockets for the "piracy losses" of their failing business model.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:That doesn't stop the RIAA by PygmySurfer · · Score: 1

      The RIAA has a Canadian branch, they just do their barratry and harassment through that division.

      The CRIA is NOT a division of the RIAA, it's merely the Canadian equivalent.

      So far they've managed to steal about $30-50 from my pocket for CDRs through their levies on blanks. The fact that I use them primarily for data backup is irrelevant -- they forced the Canadian government to dip into all our pockets for the "piracy losses" of their failing business model.

      Perhaps.. but, that tax on blank media, mp3 players, etc. also allows us to download songs off the internet without fear of the ridiculous lawsuits the RIAA brings about on American consumers.

  84. Fucking Brilliant by Seraphim_72 · · Score: 1

    You Sir...

    Get a Gold Star, and get to move to the front of the class.

    Thank you Sir for a fine point. As the "Last Ultra-Left Gun Owner" I bow to you and your sharp mind and incisive commentary, may your life only know happiness and peace.

    Sera

    --
    Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
  85. Streamripper and Internet Radio by john_smith_45678 · · Score: 1

    Wouldn't it have just been easier to use streamripper and found an Internet radio station broadcasting the Blondie concert?

  86. Allowing private groups to act as cops is an old by ahfoo · · Score: 5, Interesting

    tradition in the US.
    In the early part of the twentieth century, a fellow by the name of Anthony Comstock gained extrordinary powers using a similar tactic to that used by the RIAA today, ie a moral crusade against vice. Instead of thieving child porn traders Comstock was convinced obscenity and birth control would destoroy the nation.
    Comstock's enormous power came from the creation of a private organization called the New York Society for the Supression of Vice. Eventually, this private organization was allowed to place officers in US Post Offices to read through the mail looking for obscenity. This had nothing to do with the law per-se, he was simply well connected and feared.
    So, in the US it is quite possible, and even normal for a non-governmental agency to take on police powers despite the fact that this does not seem to make sense under law.

  87. What stupidity by Photoman321 · · Score: 1

    Yup. I would havbe to say that this is worse than SCO! At least their case is something that hasn't really been addressed bfr!

  88. XM in Canada? by POTSandPANS · · Score: 3, Informative
    HEY! you can't have XM radio here in Canada! Seems people are more concerned about the recording software then they are about this guy using American sat. service in Canada. Apparantly, even paid subscription to American satellite service in Canada is illegal.

    (And no, that's not an XM antenna on the roof of my car... :P )

    I think there is actually a mod out there to add either a coaxial or optical connector to your XM, though i think someone might have already posted about that...

    1. Re:XM in Canada? by satterth · · Score: 1

      Its not really Illegal...Yet... Just grey market

      --
      Being called a dork on Slashdot must be like being called the retard in special ed.
    2. Re:XM in Canada? by GrBear · · Score: 1

      Only US satellite television has been deemed illegal by the supreme court, because there is Canadian competition. It was made illegal because the Canadian satellite companies bitched and moaned to the CRTC because they were losing potential subscribers to a superior service. Yes, Canadian companies buy laws too.

  89. What about DMX with Tivo? by Viewsonic · · Score: 1

    I have digital cable with around 30 DMX music stations. Tivo records those just fine. Do I get to go to jail now?

    1. Re:What about DMX with Tivo? by Bob+Munck · · Score: 1

      That's a different situation. The Tivo software doesn't know that the channel it's recording is music, because it doesn't know anything about the incoming signal. In DirecTivo, the software is running both the recording and the channel selection function.

  90. cooperate america by bender183 · · Score: 2, Interesting

    another case of cooperate america protecting what is "thiers" at the consumers cost. No matter what way you look at it the end user always gets f'd in the a. Thats american buisness nowadays.

  91. Why they can challenge it legally by smashin234 · · Score: 2, Informative

    The DMCA contradicts itself, which is why companies have had some success on eroding fair usage. In this case XM MIGHT have cause for concern.

    Here are the relevant sections in the dmca.

    Title 17, chapter 12 section 1201 part c section 1 from dmca:
    "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringment including fair use under this title."

    But,
    Section 1201 part b section 1:
    "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that - "

    part B:
    "has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof"

    So, if someone makes a product that say copies a dvd even if its only for fair use, it could be construed as circumventing a technological measure(breaking encryption). Thus it could be said that they can be held liable for copyright infringement.

    Think this is far-fetched? Its already happened. Look at 321 studios and what has happened to their company.

    Now, looking at that example, the question comes down to whether this poor guy broke ANY form of encryption, or broke any technological measure to allow people to achieve fair usage. If he did, then he can be held liable.

    This is what XM is talking about when they say they are looking into the matter. I think its cruddy too, but if they can prove he broke a technological measure, then copying XM will never happen.

    That is unless you code it yourself. You see, everyone still has the right to fair-usage, but no one can sell or distribute tools to allow fair-usage if there is any form of encryption involved.

    Just like breaking DVD encryption, you can do it legally, but you just can't give the software out(legally).

    To me, it seems pointless. The wheel must be reinvented everytime, but what can we do with laws such as the DMCA, which just contradicts itself.

  92. You think that is cool? by Anonymous Coward · · Score: 0

    Wait till you try this... RadioRipper

  93. XM Actually Likes this feature!!! by xmaddict82 · · Score: 5, Informative

    Why Wouldn't XM radio love this feature... think about how many people will sign up with hopes to record. XM IS NOT TRYING TO SHUT THIS GUY DOWN... they sent the letter under direction of the RIAA. QUOTE FROM XMFAN.COM: "$20 says XM doesn't give a sh*t. They have to put on the corporate defensive smiley, however. It's the RIAA that would be muscling this. XM isn't gonna fight the RIAA... 70 channels of XM's content depend on them. " Deep down they love the idea, and want people to spend the subscription fee to have XM Radio. But due to fears of the RIAA (on which they rely on A LOT of their programming) and the hell they've already been through from the NAB, they have to remain on their side. If they fought the RIAA, the RIAA would pull their licensing of the music that XM Plays (and they control a LOT of music!), so XM really doesn't have a choice but to "pretend" to be against this device. From a business standpoint, it's great for getting in new subscribers.

    1. Re:XM Actually Likes this feature!!! by irrelevant · · Score: 1

      Not only that, but I heard one of the DJ/hosts mention that they are already paying double the RIAA royalties since they are expecting subscribers to save the songs in digtal format. I didn't note the date or time, but I was listening to the Beyond Jazz channel on XM 72.

    2. Re:XM Actually Likes this feature!!! by StankDawg · · Score: 1

      Either way, I still have no respect for XM. If they are supporting this or turning a blind eye towards it out of fear, either way, they are lame.

      Greedy money-grabbers or spineless cowards... Let the consumers sort it out.

      --
      --- The revolution will be digitized! - http://www.binrev.com/ ---
    3. Re:XM Actually Likes this feature!!! by Anonymous Coward · · Score: 0

      You're damned right it's great for new subscribers: Just because of this program, I'm going to the store today to buy an XMPCR. It'll be great for hearing the shows I'm not otherwise able to listen to, and hear new tunes I might have missed during my commute.

  94. way cool - I remember this guy... by Anonymous Coward · · Score: 1, Interesting

    he used to run an excellent email service for people with cell phones called dogphone. Really miss the service. I can't say I'm so keen on the XM Radio though - at least not yet anyway.

    1. Re:way cool - I remember this guy... by Anonymous Coward · · Score: 1, Interesting

      Wow! I can't believe someone actually remembers DogPhone!! I'm glad you liked it. That service pissed off Fido, just like this application is now pissing off XM. Interesting that XM's response to my TimeTrax, after realizing that I'm not caving to their boilerplate cease and desist letter is to pull the hardware that works with it.

  95. Ah, but they know how to kill it. by twitter · · Score: 2, Interesting
    I don't think they expected it so early. XM adoption is about the same place cable TV was in the early 1980s, the early su^H^H adopter phase. At this time, there will be no commercials as well as excellent and diversified content to boost the reputation and build hype. Media types are less disturbed by looser control at this phase because early adopters are their real bread and butter. Time shifting directly onto computers was probably part of their plan, but for much later when commercials and a lack of content would make it worthless.

    If this program, legal as it is, can withstand the judicial extortion just launched, the world's four music publishers will have to accelerate things and that could be a serious set back to them. Chances are that they will move right to content free, commercial radio right away. This might impede the transition to a subscription model. That's where cable TV is today, right? Can you tell me that it's any better now than broadcast TV used to be? Oh, poor greed heads, trapped between current music models and taking it to the next level: subscription based, DRM'd broadcasts.

    --

    Friends don't help friends install M$ junk.

  96. Re:thoughts - Just your 2 cents + $1M more by Anonymous Coward · · Score: 0

    Except, if I understand this correctly, the guy is Canadian. The legal system is considerably saner here. We already have court rulings in his favour from previous CRIA lawsuits (_not_ the RIAA, but basically the same thing). Moreover, it's considerably harder to buy legislation or court rulings in Canada. They might run him into the ground, but they will not get legal precedant, and if he can fight he might actually stand a chance.

    RsG

  97. Re: Link to software page by nsayer · · Score: 1
    Since XM made the SDK for the USB XM radio in question,

    No, they didn't. Or more precisely, none of the third party software for the PCR out there today was initially developed with one. The OpenXM project was the first, and they reverse-engineered the protocol.

    And for all those bringing up fair use rights and the like, those are rights you have in the absense of more restrictive agreements. If the next audio CD you buy comes in a shrink-wrap license that limits your use, then there's potentially no fair use for that either.

  98. Thumb ratings? by Anonymous Coward · · Score: 0

    (Up-front note: I find Tivo's suggestions useless)

    I'm still waiting to see a XM radio that will rememeber song preferences. I can't stand certain songs, and basically any song by certain no-talent ass clowns. I want to be able to push a "this sucks" or "this rules" button when a song is playing.

    If a song comes on that has a negative score, it should seek to another station in search of a positive-scored song, and failing that, at least one that isn't also negative. These radios seem to be able to see the playlist for all channels at once, so it should be smart enough to jump straight to a good song without having to check a bunch in the middle first. ("Hey, Monster Magnet on 43, jump there now!")

    Now for the catch: I want this in the car. My Alpine XM deck has 6 presets, and I'm going to wear out the "next preset" button if something doesn't change. There is just too much crap music out there to stay on any one station for more than 2 songs.

    C'mon, electronics companies. Make it happen. You'll have a large market of people who don't like anything beyond the point where they graduated high school. Like me.

    1. Re:Thumb ratings? by ALpaca2500 · · Score: 1

      the XtreMe PCR software does this. you can set it to always switch to a song you've marked as a favorite in favor of one you haven't, and to always switch away from a song you've marked as trash. and if there are no favorites playing, it will switch between a set of stations that you've told it you want to listen to.

      i guess the only problem for you is that it isnt for the car radios... unless you want to go and install a laptop in your car (which i've been thinking about, just to get this functionality...)

    2. Re:Thumb ratings? by Anonymous Coward · · Score: 0
  99. THE CODE by JThundley · · Score: 2, Funny

    Here is the code he wrote:

    $ at 4 inthefuckingmorning
    warning: commands will be executed using /bin/sh
    at> wavrec Blondie.wav
    at> oggenc Blondie.wav && rm -f Blondie.wav
    job 86 at 2004-08-27 04:00

    slashdot removes the EOT because it's in brackets :(

  100. Wow, an overwhelming problem solved by chip_s_ahoy · · Score: 1

    rawrec -t howeverlong | lame options /wherever/filename.mp3

    And it's going to be outlawed?

  101. Pure Digital's 'The Bug' by jarty · · Score: 2, Informative

    Here in the UK, where we have DAB (Digital Audio Broadcasting), Pure Digital have made a DAB radio called The Bug which allows you to pause and rewind 'live radio' (sound familiar Tivo fans?) as well as record shows for later enjoyment.

    Nobody's lawyers' seem to be jumping up and down about this over here - I guess it just fits in with 'fair use' rights of broadcast content we tend to enjoy here in the UK!

    --
    ------------ jay*arr*tee
    1. Re:Pure Digital's 'The Bug' by t_allardyce · · Score: 1

      Which is odd because we have the DMCA too! it was put in around this time last year with minimum publicity.

      --
      This comment does not represent the views or opinions of the user.
  102. Wait seriously.. by t_allardyce · · Score: 1

    what did this guy expect? If you make and sell a product like this you're going to get sued! Thats the American way! XM Radio have no idea what this product could be used for so they are scared, they figure their best course of action is to sue because none of their other subscribers (apart from slashdot readers) will either know or care. I dont know the full details but this looks like an open and shut DMCA violation. Now we all know the DMCA is pile of shit that came out of the mouths of some fuckwit senators but to XM its a free lunch ticket, are they really going to pass it over? Software like this is already illigal which is why its very very important we distribute it to as many people as we possibly can and shit on this law 'til it's knees deep, but you have to distribute it carefully and anonymously. Selling it in public is going to get you in trouble just like selling forbidden plants or speech.

    Just remember the American way:
    1) ??
    2) lobby
    3) legislate
    4) litigate

    --
    This comment does not represent the views or opinions of the user.
  103. Seriously II: After RTFA by t_allardyce · · Score: 1

    Ok i read the whole story, this isnt even a DMCA issue! there is no issue here! He is absolutely not violating the DMCA hes just doing something that everyone has been doing for years: taping off the radio and then writting the artist/song name on the side of the tape, the only difference is the tape recorder is a computer and the pen is a script. Selling it isnt even violating anything - since when are you not allowed to sell a product that works with someone elses? Fucking XM and fucking RIAA are going to proceed to RUIN this mans life which is why i can happily say i have never ever given either of them my money, can you say the same thing? The general public are going to stand for this and let corporate cunts walk all over them.

    --
    This comment does not represent the views or opinions of the user.
  104. Re: Link to software page by Ath · · Score: 3, Insightful
    And for all those bringing up fair use rights and the like, those are rights you have in the absense of more restrictive agreements. If the next audio CD you buy comes in a shrink-wrap license that limits your use, then there's potentially no fair use for that either.

    I call bullshit on that statement. First of all, the ruling authority is the Sony vs. Universal (Betamax) case which grants individuals the fair use right to record television shows for personal viewing and sharing, also called timeshifting.

    It would seem that the same rule would apply to radio broadcasts. Therefore, your argument is that a stated more restrictive license would overrule this fair use right. That is completely untested in court and there are no legal authorities which support that specific position.

    The counter-argument is that there are certain rights that simply cannot be contracted away, even if they are explicitly restricted in a license. For example, take the reverse engineering restriction found in almost all licenses. It's basically unenforceable. In every case where there was pure reverse engineering, the licensor who sues has lost on the fair use grounds.

    None of us knows what courts will decide. The DMCA throws another challenge into the point because I am sure XM Radio encrypts their data so the technical method for doing the timeshifting could be important to some judges. But in the end, until a court says so, the issue is not clear.

  105. Re: Link to software page by Casualposter · · Score: 1

    If the Sony-Betamax decision did not apply to radio, then there would have been a great controversy over the ability to easily record live radio programs on cassette tape. That ability predates the VCR issue completely, and as far as I know, is perfectly legal.

    --
    Creative Spelling Copyright (2002). May use without Persimmons
  106. Re:Allowing private groups to act as cops is an ol by mikael · · Score: 2, Funny

    Instead of thieving child porn traders Comstock was convinced obscenity and birth control would destoroy the nation.

    And today, most doctors are convinced obesity and the lack of girth control will destoroy the nation.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  107. Re: Link to software page by aculeus · · Score: 1

    Blowtorch my ass, all he needs is potassium permanganate and glycerin.

  108. I think it's our rights as canadians by Mantrid · · Score: 1

    I think we're aloud to download music anyways, so long as they insist on the stupid duty on blank media and MP3 players!

  109. I am one of the first 400 customers by Anonymous Coward · · Score: 0

    As one of the first 400 customers (according to USA Today), I can say that this software works as advertised. There have even been several useful updates since I first downloaded it.

    Even if they got their hands on the customer list, what can they do? I dont think downloading kazaa is an illegal offense.

    XM is just covering their asses when the RIAA comes after them. They knew that apps like this would be written when they released the product. They wanted it to happen. And, what easier, safer way to get free high quality music than by satellite. XM probably saw that market oportunity and that is partly why the hardware only costs $50 (or less, I got my XM PCR for $40 online)

  110. What's the big deal here? by madman101 · · Score: 1

    There are programs that have allowed you to do this for a long time, Total Recorder pro for one...

  111. Just cancelled my XM subscription by EmagGeek · · Score: 2, Interesting

    I satisfied my term agreement a few months ago... while the service is nice, I will not support, financially or otherwise, illegal activities on the part of XM or RIAA. This guy is selling an enabler for Fair Use. Nothing wrong with that. If you make his software illegal, you have to make tape recorders, computers, and anything else that can make an analog recording, illegal as well..

    1. Re:Just cancelled my XM subscription by Anonymous Coward · · Score: 0

      LOL yeah right I really believe you.

  112. Hey, I'm tired of the buggy whip example. by Anonymous Coward · · Score: 0
    I live in a town near Amish country, and all us buggy whip manufacturers are doing just fine, thanks.


    Also, sexual pervs love our products.

  113. John Hancock by Anonymous Coward · · Score: 1, Interesting

    Indeed, were the times that different?

    http://www.colonialhall.com/hancock/hancock.php
    says of those times :

    "and the counsels of her statesmen were employed to keep them in humble subjection. This was the object, when royalty grasped at their charters; when restrictions were laid upon their commerce and manufactures; when, by taxation, their resources were attempted to be withdrawn, and the doctrine inculcated, that it was rebellion for them to think and act for themselves."

  114. Re:No DMCA violation required... WOT by groot · · Score: 2, Interesting

    As an aside to this discussion of MP3 quality, I have notice (and I am sure others have too) that certain songs encode horibbly in MP3 (even with much tweaking of bitrates, etc). A good example of this Layla by Eric Clapton, it seems that background percussion starts to modulate the whole song (and no I was not on drugs at the time). Does anyone know of a website that gives suggestions for these tough nuts?

    --
    "Just remember, it takes a village idiot." -- The Motley Fool.
  115. Sure, but don't miss the obvious by Anonymous Coward · · Score: 0

    You're fundamentally right, but the guy you responded to hits a great point... saying something is "digital quality" is not meaningful.

    Is analog quality "bad" and digital quality "good"?

    So just because the Dish, or Comcast Digital is "digital", that doesn't make it better; it makes it worse than analog, but I guess its not sexy to say "lower picture quality, but MORE channels, and its good enough for you, moron".

    1. Re:Sure, but don't miss the obvious by Babbster · · Score: 1

      But you're over-simplifying the issue as well. There are shows that look near-perfect on digital satellite (at least on my Dish Network - anecdotally, DirecTV has looked worse over the years) while others can have some difficulties - this also varies per channel, where the pay-extra channels (like HBO, Showtime, Starz, etc.) always look better than the other channels. Further, analog signals are far more vulnerable to certain kinds of interference. There are areas of my town (Portland, Oregon) where reception of some VHF channels, even with a roof-mounted antenna, is just awful. And this isn't due to distance, but because of reflections and the like causing horrible ghosting.

    2. Re:Sure, but don't miss the obvious by jerw134 · · Score: 1

      Different channels can look better or worse because they can change the compression on each channel on the fly. Of course the pay services will look better. And on DirecTV, you'll notice that the FX channel is crystal clear. I wonder why...

  116. No by Anonymous Coward · · Score: 0

    "You signed some sort of subscriber agreement for your service "

    Actually, you don't. You sign up over the phone (that's what I did). There are terms and conditions, but you don't sign them. Its not clear how they're applicable.

    At best (or worst, depending on your viewpoint), they can cut off your receiver.

  117. Too low bitrates will do that... by Anonymous Coward · · Score: 0

    Well, nothing encodes very well at 128kb/s. Even AAC is marginal at 128kb/s.

    Bump layla up to 256kb/s fixed or variable, and magically, layla will sound fine.

  118. They don't need a TOS for that by tkrotchko · · Score: 1

    This seems to me (and I am mostly assuredly not a lawyer), be saying that if you do something illegal involving their service, they will try to prosecute you.

    That's true even if you've never owned an XM receiver, and even if they don't tell you that in "terms of service".

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  119. Why would you want to compress XM any further? by gymphboi · · Score: 1

    I'm an XM subscriber and the compression is rather obvious on most channels. Classical and jazz seem to fair a bit better. I can't imagine how this would sound compressed even further.

  120. You're right by Anonymous Coward · · Score: 0

    Firearm ownership is a constitutionally protected right, owning an XM is not.

    So you'd think the NRA would understand that his right was considered so important by the founding fathers that they felt the need to leave it in.

  121. XM PCR discontinued? by dschuetz · · Score: 3, Interesting

    I'm reading on the forums at XMFan.com that XM will stop selling the USB-based PCR radio altogether, largely because of this software.

    1) that sucks, 'cause I wanted to figure out how to integrate the PCR into my in-house MP3 network, and

    2) it's crazy that they stop selling a product just because a small number of purchasers are doing something they don't like with it.

    I wonder how long it'll be before someone figures out how to modify the car tuner (XM Direct, if it ever ships) to be computer controlled...

    Anyway, I just thought I'd mention it. I haven't seen official confirmation (it's still on the XM website, for example), but the mods on XMFan seem to be in the know, and they're saying it's true.

    *sigh*

    1. Re:XM PCR discontinued? by Anonymous Coward · · Score: 0

      It seems to be the truth. I just bought one on eBay for over $200, when two weeks ago I could have gotten a useable one (sans antenna) from a store online for $15.

      The RIAA should really look at eBay right now. These PCR's are selling like crazy - it seems like somebody is selling another of their personal radios every hour, and they're getting upwards of $260. I'm positive it's only being purchased by people who want to use this software.

      If the RIAA thinks everyone who wants to record off the radio is an evil, music-for-free filesharer, they should see the prices I and others are willingly paying for this ability. With shipping and Time Trax, this will cost me over $250, plus the subscription fee. To "steal" music.

      That's $250 that I otherwise would NOT have spent on CDs, I assure you that.

  122. This makes no sense by flibuste · · Score: 1

    From the article:
    "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," Now - 20 years ago, I had a tape recorder with which I used to record a lot of broadcasted music. My whole music library came from radio broadcasts at this time. I don't recall anybody being sued for recording on tapes, or people being "concerned" about it, although a tape recorder would also qualify as a "device". Suing everyone or even thinking about suing people as soon as they move, is that the 21th century idea of freedom?
    Really, this whole RIAAMAAASSHOLE/RMAPIAZAAA whatever you call this bunch of idiots, doesn't make any more sense. They only care about getting more money, and that should stop.
    This is really getting infuriating to me.

    1. Re:This makes no sense by zmollusc · · Score: 1

      You don't remember the whole HOME TAPING IS KILLING MUSIC thing?

      --
      They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    2. Re:This makes no sense by flibuste · · Score: 1

      Yes I do. Since then obviously the music industry has disappeared (sic!). The difference now is that lawyers jump on your back on any occasion. This world is disgustingly crazy.

  123. I use my VCR to record audio by bostonkarl · · Score: 1

    Long ago, I used to record radio broadcasts of obscure opera on my VCR, because the quality was better using VCR tapes than casettes. I used my VCR to record radio. Now I am to understand that I cannot use my computer to do this. Okay, that's logical.

  124. Upset/Concerned because you can make a "library" by fishwallop · · Score: 1
    "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said."

    Uh-oh! These guys better run!

  125. blowtorch not needed... by StarRoamer · · Score: 1

    ...a small quantity of sulphuric acid will ignite the magnesium, which will then burn straight down through the hard drive, the desk, the floor and continue down until it meets a large enough mass that will stop it. the basement should do it for sure. I suppose if he's in an apartment building with concrete flooring, that also might stop it, but I'd be sure before trying it...wouldn't want to burn through the downstairs neighbors. 8^)

  126. Anything similar for Sirius? by ian13550 · · Score: 1

    Anyone know of anything similar for Sirius instead of XM?

  127. Great quote.. RAH is one of my all-time favorites by the_rajah · · Score: 1

    A very wise man, indeed, and an entertaining and thought provoking author. Thanks for the link, too.

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  128. Personally, I don't need it. by LilMikey · · Score: 1

    NPR makes almost all of their shows available online.

    Seriously, though. After Betamax and TiVo lawsuits, what makes them thing they're so special? Hell, you can't even use the DMCA in this case as he's only grabbing the analog of the broadcast.

    --
    LilMikey.com... I'll stop doing it when you sto
  129. HD not immune by Ashyukun · · Score: 1

    Even HDTV is far from immune to this problem- watching what little of the Olympics that I have in HDTV and from my watching some other programs, it just does not handle high motion scenes well at all. The perfect example of this was the women's platform diving I happened to catch. Gorgeous picture and clarity when they were focussed in on the divers preparing for their dives, but as the cameras tracked the divers as they tumbled and twisted through the air towards the water, the background behind them that was flying by at high-speed became a sea of macroblocks and artifacts. I've seen even worse on some PBSHD shows- there was a special about a high-desert lake where there was a shot of a huge flock of waterfowl floating on the lake that all of a sudden took flight together- the picture degenerated to being essentially a bunch of white and blue blocks.

    1. Re:HD not immune by GutBomb · · Score: 1

      if this HD was delivered via satellite or digital cable you are still subject to mpeg compression / artifacting. the only way to get full quality HDTV is to get it via an over-the-air antenna, and you must till have an extremely good signal to not get artifacts.

  130. Re:No DMCA violation required... WOT by Anonymous Coward · · Score: 0

    I noticed the fallibility of mp3 when listening to a 192kb/s encoding of Wax Ecstatic by Sponge. The drums were uniformly warped into some weird technoish noise. Weird. (Of course, it might have been some idiot re-encoding 64kb/s or such.)

  131. XM Cancels hardware because of third party softwar by GSITPilot · · Score: 1

    According to Delphi, XM has withdrawn the XM PCR from the market - the only ones still available are those still in the channel. As well, the "advanced home kit" for the forthcoming SkyFi2 radio, which includes a USB port which functions the same as the XMPCR, has been cancelled. Both of these actions have been taken solely because of this third-party TimeTrax software.

  132. I'm no Audiophile... by jejagua · · Score: 1

    I'm deaf in one ear and can't hear out the other, (too many Iron Maiden concerts) but I have never noticed digital artifacts on any of XM's music stations, only on the news/talk/sports channels. From what I understand, XM is NEAR CD quality. I don't have the patience to find out what the actual bit-rate is, for the purpose of blathering it in this post, but XM sounds great to me.

    --
    http://www.techyrants.com
    1. Re:I'm no Audiophile... by GSITPilot · · Score: 2, Interesting

      XM has a low-pass filter that cuts out everything above 15 KHz, in order to mask compression artifacts. Listen to a song on XM, then listen to the same song on CD, and you'll hear a difference - the entire top end is missing on XM.

    2. Re:I'm no Audiophile... by jejagua · · Score: 1

      "XM has a low-pass filter that cuts out everything above 15 KHz, in order to mask compression artifacts. Listen to a song on XM, then listen to the same song on CD, and you'll hear a difference - the entire top end is missing on XM."

      Ya, I've read that, but it's really no matter for a vast majority of listeners. I have the home PCR and it sounds great on a mid-range Harman Kardon surround system. It's even better hooked digitally into my 12 speaker system in my BMW. I don't think anyone would argue it isn't tons better than FM. Hell, even my Ford F-150, FM modulated is better than I expected.

      --
      http://www.techyrants.com
  133. Fair Use by davidu · · Score: 1

    Two things:

    The EULA for XM explicitly FORBIDS THIS ACTIVITY.

    and

    This falls directly WITHIN the definition of FAIR USE.

    You can bet the EFF will jump on this case and fight it hard. This is the sort of thing that XM will likely not settle out of court and this is also the kind of case the EFF lives for. This is actually great news.

    -davidu

    --

    # Hack the planet, it's important.
    1. Re:Fair Use by en1gma · · Score: 1

      Well, perhaps XM should consider this man's application and develop on it; buy it outright for the man! I've been telling people that if they (XM and Tivo) work together to come up with this kind of service, I would be the first to sign up! My way of watching television and listening to radio has never been the same since I've gotten both. We pay for cable/digital/etc. anyways, why not pay for the service that provides commercial-free services????

      --
      "When I want your opinion, I'll beat it out of you."
  134. The Real Problem by 3arwax · · Score: 1

    It seems to me that the real problem is that the record industry is losing money because they are producing overpriced junk. The people in charge don't want to be blamed so they point the finger at p2p and digital recording off of these radio streams. If they can keep on blaming other people for their own failures then they think they have more job security. They say that the problem is what could be done with this software instead of its intended use. I wonder if this could be a good arguement to take away our right to bear arms.

  135. Could XM be the next DirecTV scandal in Canada? by CertGen · · Score: 1

    A few years ago there was a big uproar in the Ottawa Valley area because the RCMP were cracking down on people who had DirecTV dishes on their house (DirecTV is illegal in Canada -- it's not approved by the CRTC). There were news reports of the RCMP entering homes with DTV dishes and taking not only the reciever and dish, but anything that was attached to the dish. I know people who flat out threw DTV dishes and recievers into the trash based on the FUD created by the raid stories. I wonder if you get caught with an XM reciever in your car if they'll take your ride?

    See this google query for information. Apparently one of the people hard-hit by the raids sued the RCMP and a Judge was rather critical of the RCMP for allowing DirecTV "cops" to supervise the raids.

  136. Re:thoughts - Just your 2 cents + $1M more by waynelorentz · · Score: 1

    This is precisely the sort of situation that the EFF typically looks into

    They do? I don't think the EFF is as effective or active as we all would like to believe.

    I had a similar situation -- a company sent me a C&D letter. In my case it was because of a photograph on my web site. It was a picture of me on vacation. This company claimed to own the copyright to my vacation photos and threatened to sue me into oblivion if I didn't take down the picture.

    I told EFF. Filled out all the proper forms and guess what happened -- exactly nothing. So, the picture came down and the bad guys won.

    I support the EFF and its mission. But don't count on them to be there for you when it's your turn.

  137. Lets face it... by Anonymous Coward · · Score: 0

    Some people think a 1 speaker transistor radio sounds great. Those people are blessed, because they're easily satisfied. For anybody who isn't so blessed, its a curse, because it means you're not happy until the sound is better.

    God bless 'em.

  138. best way to release dubious-legality software? by Anonymous Coward · · Score: 0

    Hmm.

    I've been working for a week or so on a similar system that records streams off of RealRhapsody, a listen-on-demand internet radio service, (14 day free trial, ha!), splits them, encodes them to .ogg, and tags them. They have a lot of good one-off artists, stuff you can't get on kazaa or bittorrent.

    My package is kind of piecemeal--some perl scripts for tagging, HardDiskOgg, custom noise filters, custom silence detectors, etc. Nevertheless it works really well and quality is identical to the originally stream (sounds like ~100kbps to me).

    I'd like to make it available on the web; no sense other people should repeat my work. But I don't want to get sued; being a student and all. So what's the best way to go about publishing this kind of software, similar to the XM Radio software, above?

    Or should I just keep it to myself and never breath a word of its existence? Because I want it for my own use first.

    Whats the deal?

    ~paranoia

  139. poor quality anyway by Anonymous Coward · · Score: 0

    I can tell the difference between xm and sirius vs a cd. Heck even my mp3's or good shoutcast sound better. And That is on my car stereo. I have not even considered running sirius or xm through my home stereo for fear i might cry.

    1. Re:poor quality anyway by en1gma · · Score: 1

      I have it running through my car and my home stereo. They all sound great! I have never heard a local radio station since I've moved to XM!

      --
      "When I want your opinion, I'll beat it out of you."
  140. Re: Link to software page by silicon+not+in+the+v · · Score: 1
    I call bullshit on that statement. First of all, the ruling authority is the Sony vs. Universal (Betamax) case which grants individuals the fair use right to record television shows for personal viewing and sharing, also called timeshifting.
    Oh man, you were so close. Leave out the word sharing and you've got it!
    --
    We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  141. Re: Link to software page by JohnnyGTO · · Score: 1

    You got to love /. were else can you learn....

    --
    Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
  142. Re: Link to software page by Algan · · Score: 1
    The DMCA throws another challenge into the point because I am sure XM Radio encrypts their data so the technical method for doing the timeshifting could be important to some judges.


    I'm pretty sure I've seen the word analog somewhere in the article... If the guy records the analog output of the radio, I don't see how DMCA applies. Long live the analog hole :)

    --
    If con is the opposite of pro, is Congress the opposite of progress?
  143. Re:Bleh (offtopic) by Anonymous Coward · · Score: 0

    Newbie C question: How does that SIG work? Why are you allowed to stick stuff like that inside a printf()?

  144. Time Shifting / Fair Use Analogy by nurb432 · · Score: 1

    Ok, this is for all your lawyer wannabes out there:

    This is going under the fact that its still 100% legal to time-shift media for personal use, which of course is subject to change in the future if congress gets it way..

    The rest of this discussion is based on the above, and that NO commercial gain is involved, that Its all 'freely' shared...

    1 - It would be legal for person A to record show A.

    2 - Its also legal for person B to record show A.

    3 - If user C slept thru show, he still had a right to record it.

    4 - Why cant user B give C his recorded copy.. ( for free ) since C has a right to record the same show.

    Taking this to its logical conclusion, why cant user D, which is across the country that was at work that day get copy from user C?

    The copy that is being spread around is not the original quality, as its been compressed and/or recorded from the TV/radio. So its not the same quality as going out and purchasing it from the store... It is the same 'version' that all users have a right to record for their own personal use.

    This would also be the same issue for MP3 songs, if they were *ever* on the radio, then its no different if you share them in a *lossy* format to other people that had the *right* to record it themselves, again for their personal use..

    Now if you do a bit-copy of a CD/DVD then distribute that, or if it's an unreleased copy ( such as still in theaters, or a screener ) then of course this analogy doesn't apply.. but I'm not talking of those cases...

    This also makes the assumption that the original 'broadcast' was not 'subscriber only', or all 4 users were subscribers to the same service.

    So I guess it boils down to, what is wrong legally with this analogy, and why is the 'industry' allowed to continue to harass their customers for doing what is currently LEGAL for us to do?

    While this does sound OT, it really isnt.. We have the right to time shift any broadcast we are legally alowed to consume, be it across the airwaves on PBS, or via XM satellite. It makes no difference..

    --
    ---- Booth was a patriot ----
  145. No surprise... by akad0nric0 · · Score: 1

    since one of XM's primary investors is ClearChannel, burglar of musical culture. That's why I bought Sirius Satellite Radio, which has comparable programming.

    I'm still shocked that Howard Stern, now-perennial ClearChannel hater, is even entertaining the notion of going to XM...

    --
    akad0nric0

    This sentence no verb.
  146. Re:Allowing private groups to act as cops is an ol by Anonymous Coward · · Score: 0

    Even worse, we allow (and often compel) private organizations to wield MORE powers than what the government is allowed. Your example of Comstock's organization looking through people's mail is illegal for the government to do without reasonable cause. A modern-day example would be mandatory drug testing. The government cannot directly force it on private citizens because the Constitution doesn't allow that, so they write stipulations into every contract with private companies that they must drug-test all of their employees. So if you want to sell ANYTHING to the government, you must drug-test your employees. Since you're not compelled to work there, the Constitution is side-stepped.

  147. Refreshingly truthful by speedbump · · Score: 1
    A spokesman for the Recording Industry Association of America said his organization had not reviewed the software, but said that in principle it was disturbed by the idea. "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said.

    In an unrelated note, a spokesman for Hizbollah, commenting on the latest U.N. effort at ensuring peace in the Middle East, said, "We have not reviewed the document, but are in principle against any plan which allows Jews to continue to live."

  148. Re:Allowing private groups to act as cops is an ol by Anonymous Coward · · Score: 0

    Although it's getting a bit far from the topic. I just want to add something here which is that these examples of private groups being more invasive than the government really puts the lie to the idea that community based internet access subsidized by community utilities are somehow more dangerous to people's freedoms than existing telecoms who roll over their records to anybody who asks without even a subpeona.

  149. Re: Link to software page by akajerry · · Score: 1
    It would seem that the same rule would apply to radio broadcasts. Therefore, your argument is that a stated more restrictive license would overrule this fair use right. That is completely untested in court and there are no legal authorities which support that specific position.

    You're right this hasn't been tested, which means it could be ok or maybe not. When a judge decides we'll know. I for one wouldn't bet on which will trump the other "fair use" or contract law.

    This does bring up an interesting point though. Many of these new services are for the most part un-regulated and are governed more by a service agreement than government rules and regulations. There are lots of rights that are generally agreed cannot be contracted away, but the number of things for which we agree to specific written contract terms for today is enoromous compared to even 25 years ago. How many licenses and service agreements did you agree to last week. I don't think the courts have even come close to catching up.

  150. Re: Link to software page by 0zzy · · Score: 1
    It would seem that the same rule would apply to radio broadcasts.

    But this ISN'T radio... it's not broadcast openly and freely in the public airwaves.

  151. BFD, you can already record it DIGITALLY by nusratt · · Score: 1

    $40US
    http://www.myradiostore.us/xm-radio-receive rs/ xmpcr-toslink-digital-output-board.html

  152. Re: "not even close to CD quality" by nusratt · · Score: 1

    "I have Sirius, and it suffers from a signficant amount of digital artifacts."

    what about the broadband (non-radio) TCP stream which sirius offers?

  153. Re: "I already do this with Sirius over the net" by nusratt · · Score: 1

    "All Sirius subscribers have a login and password so they can stream Sirius channels over the internet"

    is it compressed, like the radio version?
    do you know the resolution?
    how does the quality compare to CD?

  154. Re: Link to software page by name773 · · Score: 1

    here, and more specifically, here
    although the tips about chemical ignition of magnesium/thermite were very helpful and not on those pages :)

  155. Re: Link to software page by Ath · · Score: 1
    Oh man, you were so close. Leave out the word sharing and you've got it!

    You are absolutely correct to point that out. As the Supreme Court stated:

    "No issue concerning the transfer of tapes to other persons, the use of home-recorded tapes for public performances, or the copying of programs transmitted on pay or cable television systems was raised."

    They explicitly stated that there decision did not cover the sharing of the recordings. It is also interesting to note their exclusion of "pay or cable television systems" which is something XM Radio would fall under. They were not saying it did not, only that it was not an issue before them to decide. You cannot infer anything from that statement when it comes to court cases. Therefore, timeshifting was established as clearly legal and ... well ... that was pretty much the sum total.

    One must remember that the Supreme Court also noted that their decision was made in the absence of further restrictions by Congress. Unfortunately, the DMCA may be the basis for those further restrictions. We will see.

  156. Re: Link to software page by buck_wild · · Score: 1

    There are a few folks who believe that if they GET the signal, it's theirs to do with as they see fit including satellite TV and radio.

    I'm not saying they're right, by any means. I think a line is crossed when you have to decrypt a signal to get the content...

    --
    If all you have is a hammer, everything looks like a nail.
  157. Mod parent up by buck_wild · · Score: 1

    Very well said.

    --
    If all you have is a hammer, everything looks like a nail.
  158. I been doing this for years by Anonymous Coward · · Score: 0

    I've been archiving late night audio programs for years using the freeware Audiograbber:
    http://www.audiograbber.com-us.net/ download.html

    You just need an old radio with headphone jack and a 3.5mm stereo to 3.5mm stereo connector cable to go from headphone jack on the radio to the line-in on your PC.
    With the Fraunhofer MP3 codec, you can record direct to MP3. Audiograbber will allow you to set a recurring timer.

  159. Re:Bleh (offtopic) by Anonymous Coward · · Score: 0

    All that stuff inside the printf is a single expression. The ?: and , operators allow you to stick tons of stuff into one expression. As for how it prints the fractal, the secret is really the ~c&r part; it decides whether to print a ` or # character at each point in the triangle. The rest of the code just drives the loop and prints out spaces to format it nicely.

  160. Re: "not even close to CD quality" by tkrotchko · · Score: 1

    Its not as good as the over-the-air stream; its fine for listening on a PC, but that's about it.

    One signficant downside of the TCP Stream is that its only the music, none of the talk channels which probably comprise close to half of the offerings. This is disappointing, since having NFL streams in my house would be terrific.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  161. Re:Bleh -difference between XM and Sirius by Anonymous Coward · · Score: 0

    I'm guessing a bit here, but the difference (my perception)
    between Sirius and XM is....

    Sirius steams existing commercial stations, over satellite AND internet. Less production cost to them (although they may create their own 'stations" as well.

    XM does not have standard broadcast supplementing their cost structure... they are directly competing against broadcast, rather than deriving income, shaving costs, by working along with them.

    Even if both charged 10 bucks a month or whatever, XM has a bigger stake in their broadcast as their "own intellectual property", and don't want anyone beating them to a yet to be announced service they probably want to charge extra for.

    Can you get a satellite radio that receives both XM and Sirius at the same time? If not, that is a shame, and one of these companies is going to bite the dust. Customers want choice and service. Maybe they can merge...

  162. Free downloads? Good for you. by msobkow · · Score: 1

    Free downloads?

    Good for you.

    I don't appreciate paying for your music.

    --
    I do not fail; I succeed at finding out what does not work.
  163. Timeshifting exists for linux already by Anonymous Coward · · Score: 0

    I've seen just this product for linux:
    http://freevo.webalias.com/xmdaemon.html

  164. Re: Link to software page by MORTAR_COMBAT! · · Score: 1

    I'm not saying they're right, by any means. I think a line is crossed when you have to decrypt a signal to get the content...

    I disagree. If they want to shower me with radiation, and then tell me what I can and can't do with the radiation they are causing to pass through my body, they can come tell that to me personally. They'll get to meet the katana I keep in the closet fairly personally as well.

    --
    MORTAR COMBAT!
  165. Re: Link to software page by buck_wild · · Score: 1

    So WiFi, Dish TV, DirecTV, XM, Sirus, and all the wireless networks are free, according to you?

    --
    If all you have is a hammer, everything looks like a nail.