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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."
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.
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
My MythTV HowTo
in 3, 2, 1...
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.
What laws exactly is this breaking?
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!
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?...
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.
.02
Just my
...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.
"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!
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
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.
why do I keep hitting the hjkl(s) key all the time in this editor?......
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
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
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.
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
Since last I looked XM isn't a licenced broadcast undertaking in Canada.
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.
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.
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.
There is much pleasure to be gained in useless knowledge.
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
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.
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.
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.
"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
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.
Man I cannot BELIEVE that people are saying stuff like this with a straight face:
... It's our expectation they will be shut down," he added. "We're also researching any potential legal violations.")))
.. provide the company with a list of purchasers.)))
((("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
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
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.
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.
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
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?
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).
Ugh - Blondie's reunion tour? No wonder he's single.
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.
in anticipation of the extreme bandwidth costs associated with being slashdotted.
Setting his threshold to 5, Sparky eliminated most of the trolls on /.
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
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?
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
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?
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.
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
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.
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!
e rvice.html</a>
Section b:
"b) Use Limitations.
You may not reproduce, rebroadcast, or otherwise transmit the programming, <i>record the programming</i>, charge admission specifically for the purpose of listening to the programming...." (Emphasis mine)
So, it's against the Terms Of Service of the subscriber...thus, the reason legal action is probably going to be taken...
There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
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.
Well, I guess they better ban CDs, DVDs, and all MP3/audio players then!
AC comments get piped to
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!
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.
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!
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.
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
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.
(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...
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.
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.
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: "$20 says XM doesn't give a sh*t. They have to put on the corporate defensive smiley, however. It's the RIAA that would be muscling this. XM isn't gonna fight the RIAA... 70 channels of XM's content depend on them. " Deep down they love the idea, and want people to spend the subscription fee to have XM Radio. But due to fears of the RIAA (on which they rely on A LOT of their programming) and the hell they've already been through from the NAB, they have to remain on their side. If they fought the RIAA, the RIAA would pull their licensing of the music that XM Plays (and they control a LOT of music!), so XM really doesn't have a choice but to "pretend" to be against this device. From a business standpoint, it's great for getting in new subscribers.
If this program, legal as it is, can withstand the judicial extortion just launched, the world's four music publishers will have to accelerate things and that could be a serious set back to them. Chances are that they will move right to content free, commercial radio right away. This might impede the transition to a subscription model. That's where cable TV is today, right? Can you tell me that it's any better now than broadcast TV used to be? Oh, poor greed heads, trapped between current music models and taking it to the next level: subscription based, DRM'd broadcasts.
Friends don't help friends install M$ junk.
Here is the code he wrote:
/bin/sh
:(
$ at 4 inthefuckingmorning
warning: commands will be executed using
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
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
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.
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
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..
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.
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*
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.