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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?...
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.
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
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.
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
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.
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.
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.
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
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
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.
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.