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RIAA Goes After Satellite Radio

nicholasjay writes "The RIAA is at it again. Now they don't like satellite radio. From the article 'The record industry ... believes the recording capability [of satellite radio receivers] is a clear copyright violation and could take revenue away from paid download music services.' This comes on the heels of both Sirius and XM announcing mp3 enabled players and the ability to record music heard on the radio. Also from the article: 'RIAA may seek $1 billion plus in music rights fees for a new contract covering 2007 to 2012 to replace the current $80 million pact that expires in 2006.'"

99 of 547 comments (clear)

  1. No kidding? by SilverspurG · · Score: 5, Insightful
    From the article:
    "The music industry is an important partner, and we continue to listen to their concerns in hopes of finding a resolution that benefits everyone, especially consumers," said Nathaniel Brown, a spokesman for XM.
    I can't quite believe that XM got this far by pulling random CDs off the shelf and spinning them radio dj style without first negotiating at least a few contracts ahead of time. I don't personally believe in license agreements but they must have had to sign a contract somewhere which allows them to get around "for personal use only... not for broadcast".

    If the music labels had a problem, shouldn't they have approached it at the front-end?

    I'm sick of this suing customers/pointing the evil finger at them after the point of sale. It's fscking stupid.
    --
    fast as fast can be. you'll never catch me.
    1. Re:No kidding? by PortHaven · · Score: 5, Informative

      Radio NEVER has had to pay RIAA. Radio broadcasts were deemed "public performance" and had to pay their licenses to BMI/ASCAP/SESAC (the performance royalty companies). In fact, all these royalties RIAA has demanded from satellite radio, web radio, etc. Are completely new previously unheard of royalties. And it's all based on "caching".

      For instance, you play music over the web. Your PC "buffers" the stream. RIAA made a case saying the buffering is a recording and therefore they need to be paid.

      - The Saj

    2. Re:No kidding? by SilverspurG · · Score: 2, Insightful
      he issue is that some of their receivers have the ability to record and the RIAA doesn't like that a user can record a song from the broadcast
      There is no way the recording labels could possibly not have known about the hardware ahead of time. If they didn't bother to ask about the hardware before signing the licensing deals it shouldn't be up to my tax dollars to go back and figure it out for them. What kind of fscking business are they running? If they had a problem with it, they should've approached it at contract time.

      No wonder you're posting AC.
      --
      fast as fast can be. you'll never catch me.
    3. Re:No kidding? by SilverspurG · · Score: 3, Interesting
      Radio NEVER has had to pay RIAA.
      Don't most radio stations have agreements with the various record labels? I seem to remember someone taking care of that paperwork...
      --
      fast as fast can be. you'll never catch me.
    4. Re:No kidding? by pedestrian+crossing · · Score: 5, Informative

      Don't most radio stations have agreements with the various record labels? I seem to remember someone taking care of that paperwork...

      Not for the rights to play the music over the air, that is through ASCAP and BMI. Maybe there was some paperwork to arrange to get the promotional copies of the records from the record companies, the but broadcast rights are through ASCAP/BMI.

      --
      A house divided against itself cannot stand.
    5. Re:No kidding? by shawn(at)fsu · · Score: 4, Funny

      Your PC "buffers" the stream. RIAA made a case saying the buffering is a recording and therefore they need to be paid.

      Does that mean you have to pay more when uses RealPlayer? /ducks

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    6. Re:No kidding? by Mysticalfruit · · Score: 2, Funny

      I guess we're just going to have to ban FTL drives.

      --
      Yes Francis, the world has gone crazy.
    7. Re:No kidding? by jedidiah · · Score: 5, Funny

      The whole "analog vs. digital" thing is completely and utterly IRRELEVANT. A performance is a performance: period. There is already an appropriate governing body that hands out appropriate licenses under these conditons and RIAA aint it. They should be pimp slapped by the first judge that sees these shenanigans.

                This BS is bogus even by the industry's own self-serving definitions.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:No kidding? by Anonymous Coward · · Score: 2, Informative

      Analog radio is of lesser quality, has a relatively limited range and is not required to pay royalties or licensing fees.

      Where did you get that idea? Regular radio stations pay fees to ASCAP/BMI all the time.

    9. Re:No kidding? by mrchaotica · · Score: 4, Insightful
      Satellite radio is not the same as analog radio. Analog radio is of lesser quality, has a relatively limited range and is not required to pay royalties or licensing fees. Satellite radio is CD or near CD quality, is continent wide and pays licensing fees.
      Bullshit. A broadcast of a song is a broadcast of a song, regardless of the quality or range.
      That equates to a loss of hundreds of paid downloads for legitimate download services or dozens of CDs for brick and mortar music stores.
      Bullshit, again. First of all, the vast majority of people don't want every song they listen to. Second, most of them wouldn't bother even if they did. Third, people can record stuff off the analog radio, too, and they obviously don't care about the difference in quality (note the popularity of low-quality MP3s on P2P networks).

      Finally, and most importantly, people have the right to time-shift satellite radio, just the same as they do with analog radio or TV (including satellite TV!).
      --

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

    10. Re:No kidding? by BlkSprk · · Score: 5, Insightful

      The RIAA thinks they have a right here because they are making a case that web radio and satalite radio use buffers and there for copy the music, which real radio dosnt. Just wait folks, soon you will be walking down the street whistling a new song you heard on the radio, and an RIAA lawyer will pop up demanding royalties because you memerized it and are reproducing it at a lesser but still recognizable quality. There need to be a line drawn, I'm half joking, but I wouldn't be suprised if the RIAA made it a reality.

    11. Re:No kidding? by jandrese · · Score: 2, Interesting

      Actually, yes. Have you seen the per performance per user rates on music streamed over the internet? It's highway robbery.

      --

      I read the internet for the articles.
    12. Re:No kidding? by DannyO152 · · Score: 2, Insightful

      Every now and then the recording companies mumble something about getting paid when radio stations play recordings and the radio stations call the bluff because airplay sells records. In fact, payola scandals demonstrate that there's an incentive for recording companies to pay the radio stations.

      I'm also wondering if there's a point where recording companies ask so much of Apple, satellite radio, internet broadcasters, and ring-tone distributors that they join up in backing a new recording company that signs artists primarily for digital distribution and broadcast. As I think tangible media are important, this company would license the pressing and distribution rights for the cds, or allow the artist the retain the tangible rights, or press and distribute their own discs. By doing the same things that record companies used to do when they were hungry and necessarily agile -- tour support, signing and selling regional artists who can graduate to nationwide, scouting and signing of talent (and not management machines) -- in three to five years, they'll have stars. In ten years, they'll have superstars.

    13. Re:No kidding? by networkBoy · · Score: 4, Informative

      In this case the right being not a written law, but rather case law. While I don't see any judge wanting to overturn the Betamax decision, it can be done (far easier than if it was a law passed by congress). Once Betamax is voided all hell breaks loose.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    14. Re:No kidding? by chanda3199 · · Score: 3, Insightful

      I understand the post was in jest, but it got me to thinking. You can record regular FM broadcasts a number of ways. Why, then, is the RIAA *not* going after regular radio?

      I'm sure this has been said a million times over, but it's becoming more and more clear that the RIAA is just afriad of change. They have a business model deeply rooted in late 80's technology and anything beyond that is not understood, therefore a threat and must be shut down. How sad.

    15. Re:No kidding? by hackstraw · · Score: 5, Insightful

      Radio NEVER has had to pay RIAA. Radio broadcasts were deemed "public performance" and had to pay their licenses to BMI/ASCAP/SESAC (the performance royalty companies). In fact, all these royalties RIAA has demanded from satellite radio, web radio, etc. Are completely new previously unheard of royalties. And it's all based on "caching".

      Your right. RIAA has never been involved with broadcast licenses. Pretty soon we might have things like cable and satellite TV service where people get a monthly bill and pay for the content that they receive. There will however never be a time in our lives where we can listen to music at restaurants, bars, shopping malls, in cars, and our homes. Its not a lucrative business anymore because there is simply no demand for such a service.

      Why doesn't the RIAA just buy a big vault, put all of their CDs in it, lock to door, and stand on top of it and scream: "I've done locked up my toys, and nobody, including me will play with them!"

      Judging by their behavior, I'm guessing that the RIAA is about done with. I'm guessing that music may go to more of a service business model vs a sales model, just like TV vs video recordings. Most video content by most people is viewed via a service such as cable or satellite. I pay something like $80 a month for my HD-DVR and my cable service. I pay about $0 a month for music recordings besides my ISP service bill (which is also my cable company, and yes the music I get is legally tradable). So, my cable provider is getting about $120 a month to provide me with internet, audio and video content. The RIAA affiliated companies gets $0.

      The RIAA affiliated companies are done providing content distribution because they suck at it. They do not provide a greatly desired product like MP3s despite the customer demand that is almost 10 years old now. Most "CD quality" audio recordings are only at most 16bit/44.1 kHz, which too is almost 10 years old. Very few _amateur_ audio recordings are that low of a quality any more. For example, I record everything at 24bit and 96 kHz, and many people do that as well too.

      I don't know how the moneys go as far as the RIAA vs ASCAP/BMI or whatever broadcast licenses are available. In fact, from what I understand you can pay something like $200 a year for a broadcast license and legally play almost anything you can get your hands on, again with $0 going to the RIAA.

      I just don't get it how TV can stay alive, like the big 3, CBS, NBC, and ABC, which freely broadcast their content to the entire country for free _themselves_ with their own towers, and people _still pay_ for cable and satellite service. Remember, one of the biggest issues with satellite is that their customers _demand_ the free broadcast channels as well as the satellite programming.

      In summary, the RIAA is done. They will lawyer their way until they die, but they are like a person trapped in the middle of the ocean that is drinking salt water "to stay alive". There inevitable death will only be sooner rather than later. RIP.

    16. Re:No kidding? by Ced_Ex · · Score: 4, Funny

      I'd add that the signal is recorded in the EM waves that spread outwards from Earth.

      Geez... I guess now the RIAA can extract lost revenue from aliens as well. Have they no limits to their insanity?!?!

      --
      Live forever, or die trying.
    17. Re:No kidding? by ajservo · · Score: 5, Informative

      I think other people have covered your licensing fees statement.

      Satellite is NOT the same as analog, you're right. It's of lesser quality than the capability of analog signals. Whether or not your favorite Tejano Rap station broadcasts at full strength is up to them, but FM has a far superior fidelity to XM or Sirius. 2600 had an article on this from last year.

      Both companies are using a single broadcast signal to project all 100+ of those channels into your radio. Those channels are highly compressed. It's not as though the reciever sends a signal up to the master satellite requesting the "moldy oldies" station and then your radio gets a full on signal. Nope, not at all. You get all the quality it'll deliver all at once for all stations (pay channels included) Don't be fooled into thinking that just because it's satellite it's better.

    18. Re:No kidding? by Anonymous Coward · · Score: 2, Funny

      This just in! Remembering a song you hear and then resinging it in the shower is a form of recording and is therefore a violation of copyright. If you wife hears you singing and gets the song stuck in her head, you're looking at serious fines and potential jailtime. Best not to ever listen to any music ever again. Its the only way to avoid the wrath of RIAA.

    19. Re:No kidding? by robertjw · · Score: 3, Informative

      The RIAA can't target ASCAP/BMI. Harrassing ASCAP would directly impact the artists and their royalties. RIAA is OK with irritating the middle men, but doesn't want to go after the artists.

    20. Re:No kidding? by Vancorps · · Score: 2
      I'll keep that in mind when I'm driving through the mountains where you can't even receive FM radio stations.

      Say what you like about the quality of XM and FM but the reality is that XM is consistent, sure there are one or two times in a year I won't get signal because I'm going under a tunnel or something but with FM there are all kinds of distortions that crop up everyday. With that said I don't know how you can in any reasonable way say the quality is better. Who cares if the sound is better if you can't get it as consistently.

      Also the thing that confuses me here is that I just installed my XM tuner in my car and it has not 1 not 2, but 3 transponders which tells me that your information is either dated or inaccurate. I switch to channel 81 and I'm on transponder 2, channel 20 I'm on 1. I would imagine this has dramatically improved quality of broadcasts when compared to the past. As of right now I get much better sound out of XM than I do on any FM station in the area.

      Of course I'm in the desert, go north where there is a lot more in the atmosphere and many tall buildings around you and it may be different. I'll find out when I head to LA and Vegas next weekend.

    21. Re:No kidding? by PortHaven · · Score: 2, Informative

      Doesn't matter, the DMCA has a specific provision excluding/protecting broadcast radio stations. They're allowed to even make a digital copy of a song.

      Do you think ClearChannel didn't have it's $$$ being delt out to ensure it was protected. Modern IP rights merely benefit the powerful wealthy. They seldom have clauses of protection for general public and are seldom upheld for smaller individuals. Often are too expensive and inaccessible as well.

      But the radio station conglomerates (ClearChannel, Cox, etc) made sure they had clauses to protect their age old business model when the DMCA was written.

    22. Re:No kidding? by kimvette · · Score: 2, Funny

      Not to mention the capacitors, especially in the stereo processor your FM receiver has.

      Want to know something that is even more insidious? Your brain is an information storage device - and unlicensed one at that. Who knows, tomorrow you may end up with an earworm of "toxic" or "oops I did it again" (I refuse to capitalize those titles :-p) going through your head 50 times tomorrow, and for each performance of that recording, RIAA member labels will not be compensated. Oh the horror! In the near future you will have to have to pay long-term memory licensing fees based on your IQ, because part of your IQ score is figured by testing your memory. There will also be licensing fees for your short-term memory, but if you're a potsmoker with little to no short term memory left, the requirement for you to pay the short-term memory RIAA licensing fee will be either prorated or waived depending on how chronic you are.

      Think of the poor starving manufactured pop artists who can only afford two Gulfstream jets and one yacht!

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  2. power of the buyer by Anonymous Coward · · Score: 3, Insightful

    The world can live without buying music from the record industry - can the record industry live without selling their crap? Don't buy.

  3. The beginning of the end by Quasar1999 · · Score: 4, Insightful

    Looks like the RIAA is seeing the light at the end of the tunnel, and it's looking more and more like a train.

    Obviously they are trying to keep their distribution model valid (read crappy CDs), but everywhere they turn, they're losing... so... they decide to jack up the price of distrubtion rights so high that they will either force the companies to stop distributing anything other than CDs, or will pay the insane prices for the right, and the RIAA will continue to be fat and rich.

    Unfortunetly for them, they will eventually fall with this tactic, and fall hard.

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:The beginning of the end by JaffaKREE · · Score: 2, Insightful

      You can't sue *EVERYONE*.

      Seriously, is their goal to sue every single person in America ? That doesn't seem like a good long-term business model. I'm generally less likely to buy things from companies that have taken legal action against me.

    2. Re:The beginning of the end by debest · · Score: 2, Insightful

      You are completely right about this being about retaining the recording companies' control over the music industry. It doesn't matter that, in a courtroom, a lawsuit (to prevent making devices that record satellite broadcasts to MP3) would ultimately fail. The point is that this is the RIAA's job! They are supposed to be the asshats who object to anything that could remotely challenge the control and revenues of the companies that it represents, regardless of its legality.

      The RIAA has to fight against any and all threats to its members. As long as its members continue to try to maximize profits (ie. as long as they are in business), this organization will be constantly lobbying and making noise against anything that upsets their business model. The only thing that will shut them up is the bankrupcy of all the major recording labels.

      Dare to dream....

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    3. Re:The beginning of the end by Lucractius · · Score: 5, Funny

      Judge Julie:
      This is Case No. 47g, Everyone vs. Everyone. [gavels, and all fall quiet] Representing the side of Everyone is Gerald Broflovski.

      Gerald:
      Thank you, your honor. Ladies and gentlemen of the jury, Everyone has committed a crime here, and Everyone must pay for that crime. My client, Everyone, has been hurt by this crime and must be compensated.

      --
      XML - A clever joke would be here if /. didn't mangle tag brackets.
    4. Re:The beginning of the end by Anonymous Coward · · Score: 2, Informative

      XM and Sirius' royalties to the RIAA are based on a revenue share %. The reason the amount seems small now ($80 million) is because the previous 5 years, the companies didn't have high revenue). Using the current contract % for projected revenue from 2007-2012, the amount paid by XM will be about $500 million. So in other words, the RIAA is looking to double their royalty %.

      It will go to arbitration, where they will settle somewhere between the 3% they pay now -- and the 6% that the RIAA wants. I'll tell you now, your subscription price will not go up. This is a classic case of the RIAA posturing by using the media to negotiate... and the media is only happy to oblige by blowing this out of proportion.

      XM and Sirius knew this day was coming, as did us shareholders. This is blown way out of proportion.

    5. Re:The beginning of the end by m50d · · Score: 2, Informative
      Seriously, is their goal to sue every single person in America ? That doesn't seem like a good long-term business model. I'm generally less likely to buy things from companies that have taken legal action against me.

      That's ok. At $125,000 per song statutary damages, they can profit quite happily if you never buy another song afterwards.

      --
      I am trolling
    6. Re:The beginning of the end by jim_v2000 · · Score: 5, Interesting

      Obviously they are trying to keep their distribution model valid (read crappy CDs)

      I vowed earlier this week to never buy another music CD. I ordered a new album of a group I like from Half.com and got it in the mail the other day. I then put it in my computer and tried to rip the music off as MP3s so I wouldn't have to put the CD in my machine all of the time. However, my ripper of choice (Wimpdows Media Player) wouldn't see my cd drive as having anything in it. I though the cd had some kind of protection on it that wouldn't let my machine read it. However, it opened fine with the little player they included...so I tried another ripping program I found online. That pulled the tracks off, but they sounded like static. Then I stumpled across something on Google that mentioned new music cd's installing something on people's machines called "Plug and Play Manager". I checked my running services and sure enough, there it was. Some more research turned up that somehow, from what I understood, it integrated itself with the IDE drivers for my CD drives, and then wouldn't allow any applications other than their shitty player access to the cd. Well, I worked for Symantec awhile ago, and I figured that if I could get viruses off a machine, I could get this thing off.

      Well, first of all, this "Plug and Play Manager" runs as a service. And you can't stop the service. You can't end task on the process that the service starts. I couldn't even see the files that it uses, because they are stored in a folder that starts with $sys$... which apparently I could only see from the command prompt. And even tehn, I could only delete the files in Safe Mode w/Command Prompt. AND THEN after I deleted those files and cleared out the registry keys, when I tried to restart my computer, it started to load my cd drivers and rebooted again. Even in safemode. And the Windows repair feature didn't help. I ended up having to format/reinstall Windows.

      Talk about bitch DRM...I was pretty pissed. I bought the damn music, and it happened to come on a CD. If I want to copy the music that I purchased onto my computer to listen to it, that's my business. The RIAA can kiss my ass. I'm never buying another one of their disks again.

      --
      Don't take life so seriously. No one makes it out alive.
    7. Re:The beginning of the end by TheRaven64 · · Score: 4, Insightful
      Where do you live? Does your jurisdiction have an equivalent of the UK's computer misuse act? If so, then report the music label to the authorities and request that they press charges. If they don't, then lodge a civil suit.

      If they ran a program on your computer without your consent, then that is illegal in most jurisdictions. If you bought something that was advertised as a music CD, and it contained a virus[1], then the authors of the virus are liable for your time in removing it and for punitive damages. Don't settle for anything less than $10,000 (after all, that seems to be what they consider a good round number for sharing a song on a P2P network).

      [1] A virus is a self-replicating program. This program installed (replicated) itself with no user intervention, and is hence a virus.

      --
      I am TheRaven on Soylent News
  4. Silly RIAA... by zwilliams07 · · Score: 5, Funny

    Instead of going for the little pups, go for the big dogs. Go sue Energy providers! Yeah! Cause you know, we couldn't pirate music if it weren't for electricity powering computers and other electronic equipment. Yeah, that show them!

  5. Not the time to buy xm then eh? by cflorio · · Score: 3, Interesting

    If this contract expires in 2006, then I'd say I'm not going to be buying an xm radio system any time soon. Increases like that would either have to be passed on or xm would go tits up.

    1. Re:Not the time to buy xm then eh? by mrchaotica · · Score: 4, Insightful

      I really hope XM countersues, saying that the RIAA's FUD is resulting in lost business, and citing examples like this.

      --

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

  6. BS! by Kranfer · · Score: 5, Funny

    I can record radio on my Computer, Radio in my car, Boom Box radio etc. Is their goal to encrypt all radio transmissions? Serius and XM radio are pay for subscriptions. WTF?

    When are they going to sue my birds for listening to music all day? The birds could start mocking the music exactly!

    "Your birds are singing these copywritten songs... We are suing them. They need to appear in court on these days!"

    the RIAA is starting to overstep its bounds.

    --
    -- Josh
    "Whoopie! Man, that may have been a small one for Neil, but that's a long one for me!" - Pete Conrad
  7. me thinks by meatbridge · · Score: 2, Insightful

    someone should organize a "buy no music day" or perhaps a full week to teach the RIAA that they aren't holding all the cards.

  8. Hang on a second... by uradu · · Score: 2, Interesting

    > could take revenue away from paid download music services.

    I thought the RIAA didn't like those either?!

  9. I hate the RIAA by Donniedarkness · · Score: 3, Interesting
    "The record industry ... believes the recording capability [of satellite radio receivers] is a clear copyright violation and could take revenue away from paid download music services."

    So satellite radio might hurt downloadable music, which the RIAA wants to kill, also? Honestly, I hate the RIAA...Satellite radios let you record music? You know what? So do cassette tapes... and they have, for years.

    --
    Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
    1. Re:I hate the RIAA by Donniedarkness · · Score: 2, Insightful
      "someone at the riaa needs to be clued"

      I think you misspelled "clubbed". The biggest problem, from my perspective, is that too many people seem to think that the RIAA is a government institution, and don't really question it. If news like this was to be put on a major news network, such as CNN, then I think we'd be seeing changes.

      --
      Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
  10. There's really only going to be one solution by JudgeFurious · · Score: 2, Informative


      We're going to have to somehow convince the entire world to stop listening to music for however long it takes to kill these sons of bitches. There's no other completely effective solution.

    --
    Appended to the end of comments you post. 120 chars.
  11. 1985: Taping from Radio - 2005: Mp3 from SatRadio by digitaldc · · Score: 4, Informative

    What is the difference between taping a song off the radio and creating an Mp3 from radio? Please, someone tell me because I am confused.
    I would like someone from the RIAA to address why they need to go this route.
    You can buy a CD, copy it, rip it and give it away...is this a violation too? Or can you only give it to someone who already owns it? (doesn't make sense)

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  12. STOP by CSHARP123 · · Score: 5, Funny

    I have stopped listening to music altogether. I have acquired a new skill of singing. My wife and children have not sued me yet.

    1. Re:STOP by the+eric+conspiracy · · Score: 2, Funny

      In related news the Patent Office has awarded Patent # 6,234,113 which claims "Use of human vocal cords as transducers for the production of musical works" to the RIAA.

  13. Re:WTF? by SilverspurG · · Score: 4, Interesting
    I don't see how the sattelite radio equipment makers can be thinking straight in this matter.
    Other way around. How the fsck could the big record labels not know in advance what hardware was going to be used? If they had a problem with the recording security of the hardware they could have refused to grant the service broadcast rights for their music.

    Simple as that. No lawsuit needed. No wasted taxpayer money. No more overpriced attorneys.
    --
    fast as fast can be. you'll never catch me.
  14. No Case by mysqlrocks · · Score: 2, Interesting

    Even if the conflict winds up in court, Crockett said in his report he did not believe such a suit would succeed because fair use laws allow users to record songs for their own use.

    They know they don't have a case. They're just trying to drum enough publicity to get some legislation done that would help further their control. It's all about money. If you can't earn it, steal it. But I guess it's not theft if you are a multi-billion dollar company.

  15. me thinks by meatbridge · · Score: 2, Insightful

    that someone should organize a "buy no music day" or better yet a "buy no music week" to remind the RIAA that they aren't holding all the cards. of coarse they'd probably blame the drop in record sales on the late peer to peer networks.

  16. Re:Some currently available mp3 players by xhorder · · Score: 3, Interesting

    But it's highly compressed... I would hardly call it "perfect"

  17. Same argument as the VCR by ploafmaster+general · · Score: 5, Interesting

    Seems to me that these XM recording devices are rather like having a VCR for your radio. If it's legal for consumers to time-shift their television entertainment by recording it, why shouldn't the same apply to radio?

    --
    It's "PLOAF," not "P-LOAF." Ask about it.
  18. One day... by Anonymous Coward · · Score: 5, Funny

    One day they will sue themselves... and they will implode.
    Hail that day.

  19. privilege by anonieuweling · · Score: 2, Informative

    The ability to record for private use off `the radio` is an old privilege. Currently we (in Europe?) even pay (!) for the media on which we store those recordings. So the **AA can go away. They have no foot to stand on. $$$ is already paid, eventhough that very same media can be used for non-**AA involved uses. (as your own photo's, Linux downloads, etc)

  20. Late to the game by Bastian · · Score: 3, Funny

    I think the RIAA has missed the train. If they wanted to stop this, they should have started way back when electronics started including tape recorders with their home stereo equipment.

  21. Apparently the RIAA has never heard of... by HeadCrash · · Score: 3, Insightful

    ... a magical little thing called a "Tape Recorder". Or at the very least a "Line Out Jack". I mean, yeah, the quality of XM/Sirius is CD-level so the comparison to taping plain old OTA radio is a bit weak, but it still applies.

    I figure eventually the RIAA is going ot end up suing everyone on the planet, including its own members. Such is the insanity of the corporate world...

    --

    "You did WHAT to WHO for BEER MONEY?!? Jeez, man - you don't even like beer..."
  22. How old is this problem? by jimcooncat · · Score: 2, Interesting

    The record industry ... believes the recording capability [of satellite radio receivers] is a clear copyright violation and could take revenue away from paid download music services.

    Point 1: Recording capabilities don't violate copyright, people do.

    Point 2: No, they can't have my 15 year old clock/radio with built-in cassette recorder.

    Point 3: I'm sure they receive some whopping royalty on the blank cassette media I buy in the five-for-a-buck package.

  23. Re:1985: Taping from Radio - 2005: Mp3 from SatRad by justforaday · · Score: 3, Informative

    What makes you think the record industry didn't try to villainize tape when it first came out?

    --
    I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
  24. I suggest someone patent by g0bshiTe · · Score: 2, Funny

    2 business models

    The first being the practice of suing based on made up figures claiming lost revenues from technology similar to what's been around for years.

    The second would be the business model of essentially spam lawsuits, whereby your business would supeana tons of people naming them as defendants in a lawsuit claiming false copyright violation and hoping they settle out of court.

    You could then charge the RIAA and MPAA lisencing fees.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  25. Sick to Death by platypibri · · Score: 2, Interesting

    I'm VERY much a "fair play", "do the right thing" kind of guy. So I am a bit surprised by the level of searing hatred I am developing for the RIAA. I guess they'd only really be satisfied if all of our listening devices were coin-op (or maybe dollar-op?).
    The truth is that most of us have lived ALL of our lived being assaulted by music at every turn. Restaurants, stores, outdoor events, commercials.... We are used to having it everywhere and NOW they think we should pay for it all. In parenting, we are taught (those of us who were taught) that you need shelter your children when they are young, because when they become teenagers, it's impossible to "clamp down" on them if you let them have total freedom before that. Same concept. You can't give it away all our lives and then try to clamp down because you don't like the technology. As wrong as I think it is, the file sharing rebellion is a fairly natural expression in the wake of the new "out of nowhere" RIAA oppression. When all avenues are exhausted, I'm sure you'll have some rebels burning hundreds of copies of CDs and leaving them on street corners just out of resentment.
    The RIAA should instead focus on those of us who have been buyers of music all our lives, and start trying to make us VERY happy so we KEEP buying. Messing with XM radio and the iTunes pricing schedule is a good way to make me sympathetic to pirates.

    --
    Yeah, I guess I'm funny like that.
  26. From the RIAA site... by djupedal · · Score: 4, Informative

    Audio Home Recording Act: This 1992 legislation exempts consumers from lawsuits for copyright violations when they record music for private, noncommercial use and eases access to advanced digital audio recording technologies. The law also provides for the payment of modest royalties to music creators and copyright owners, and mandates the inclusion of the Serial Copying Management Systems in all consumer digital audio recorders to limit multi-generational audio copying (i.e., making copies of copies). This legislation will also apply to all future digital recording technologies, so Congress will not be forced to revisit the issue as each new product becomes available.

  27. I'm beginning to think by niiler · · Score: 2, Insightful
    that the RIAA is really a giant money sucking leech. Consider:
    • They illegally trespass onto people's computers in clear violation of a number of statutes in order to further their bottom lines
    • When offered exonerating evidence, they refuse to consider it as this might cut into profits
    • They want to sue anyone who has the means to play something that could possibly be copyright (whether to them or not, it doesn't matter)
    • They want to prevent things from going into the public domain and thereby enclose the digital commons
    • And...for the kicker, they actually produce....nothing. Rather, they front money for other people to do work while getting paybacks that make usurers like the credit card companies look like angels. Artists make like 1% of the net?
    If these folks aren't leeches and a detriment to our society, then I don't know what is.
  28. Going after sattelite radio? by Psx29 · · Score: 2, Interesting

    Does this mean they are going to go after those music only tv channels that are carried by most major cable/sattelite tv companies as well?

  29. It's only a matter of time... by Chabil+Ha' · · Score: 4, Insightful

    It's only a matter of time before the RIAA implodes. The more they push, the more people are going to be fed up with their scare tactics, extortion, and blatant abuse of those trying to innovate the way music is broadcasted to the world.

    The opportunity is widening for a record company to form that gets *good* music together under a banner that benefits primarily the consumer and the artist, without the pimp and whore attitude the RIAA has.

    --
    We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  30. Grokster comes back to bite us. by Jaywalk · · Score: 3, Interesting

    The Supreme Court changed the rules and the RIAA is trying to use it to prop up their broken business model. As Lawrence Lessig observes, the old rule was that a technology was okay if it had "significant non-infringing uses." But, in the Grokster ruling, they ruled that Grokster was illegal because it was the service was "promoting" infringement. The RIAA apparently figures this is their license to go after any technology which does not promote their business model.

    --
    ===== Murphy's Law is recursive. =====
    1. Re:Grokster comes back to bite us. by minerat · · Score: 3, Informative

      Why is this modded so high? It may be interesting, but it certainly isn't correct.

      Grokster wasn't rulled illegal - the judges never made a ruling on that. From http://en.wikipedia.org/wiki/MGM_Studios%2C_Inc._v ._Grokster%2C_Ltd.
      "None of the opinions said definitely whether or not Grokster did induce infringement or whether Grokster was liable."

      --
      ...and you've eaten your pen. simply stunning.
  31. The solution by VincenzoRomano · · Score: 2, Insightful

    RIAA has in mind the one and only solution:
    1. prevent any broadcasting, podcasting and streaming and
    2. prevent anything that can record and reproduce the performances they need to sqeeze revenues from.

    But I'm not sure this will solve the problem once and forever.

    --
    Maybe Computers will never be as intelligent as Humans.
    For sure they won't ever become so stupid. [VR-1988]
  32. Can the record industry live...? Oh yes. by Chordonblue · · Score: 2, Interesting

    Don't buy. Right. While you're at it, don't go to any movies that might have RIAA music as part of the soundtrack and don't go to any store that might have a radio playing RIAA music.

    LICENSING! That's how the RIAA will out-survive all of us. Even if the entire CD industry collapses, the RIAA will still have licensing rights to all that music. Clearly, the RIAA needs some form of regulation as they are a true monopoly with no real competitors. While we're at it, some clarification on copyright might be in order as well.

    The RIAA amazes me because they went from an organization that few but musicians even heard of to one of the most reviled organizations on the planet and... They don't CARE! I guess they don't have to do they?

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:Can the record industry live...? Oh yes. by billcopc · · Score: 2, Interesting

      Licensing isn't going to fly very high buddy. If retail sales dropped 50% overnight, you'd see a lot of artists going "Hey WTF" because they would be making ZERO. In many cases the label fronts you the money to record/produce your album, and then recoup the loan off the initial sales. If you don't sell enough to break even, you basically worked for free.

      If the artists stop making profits, the artists stop making MUSIC. If the artists stop making music then the RIAA no longer has a product to throw around. No self-respecting artist is going to record solely for licensed playback unless he's a Kenny G or something. The big incentive for signing movie soundtracks is that you get broad visibility and easier entry into the charts. I'd say Evanescence got their big break thanks to the Daredevil movie, as did many others. Yeah the movie kind of sucked, but at least the music was catchy ;)

      --
      -Billco, Fnarg.com
  33. Modest Proposal by rlp · · Score: 5, Funny

    Here's a suggestion for the RIAA - replace all current music distribution channels with the following:

    When you wish to listen to music, you proceed to an RIAA sponsored Listening Center that will be located in most major cities. You wait in a convenient line and then purchase a ticket specfiying which music selections you wich to listen to. After a brief detour through a metal detector and s search for recording devices by courteous staff (former mob enforcers), you proceed to an individual soundproof listening chamber. In the chamber, you are permitted to listen to each musical selection one time. Afterwards, you're free to leave provided you sign a legal document stating that you will not hum or sing any of the songs you've just heard.

    --
    [Insert pithy quote here]
  34. RIAA Serves Their Purpose by erroneus · · Score: 5, Insightful

    The RIAA (and the MPAA and the BSA and all those similar organizations) exist for the very purpose they are acting on in these stories.

    If we want to rid ourselves of their existance, we should #1 appeal to their members that they are not acting in the 'industry's best interests' and #2 appeal to the government(s) that these organizations exist to do nothing less than to act a singular means by which large entities are made into a single larger entity by which legal muscle is used to bully and intimidate individual consumers into unfair settlements and otherwise abuse the legal system to their own ends.

    These abusive organizations should be striken down completely. If individuals need to protect their interests, they should be required to protect them individually just as individuals are required to defend themselves individually.

  35. Cartel? by CdBee · · Score: 4, Insightful

    I wasn't sure it was right when I heard of anti-cartel legislation being used against RIAA copyright-infringement suits but it sounds now like this industry body is becoming the collective negotiator for the formerly competing record industries

    time was, they competed for airplay. Now they threaten those playing - and therefore promoting - their music

    --
    I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
  36. Haven't they heard of cassette tapes? by Peter+Trepan · · Score: 2, Interesting

    I've been recording songs off the radio since elementary school, and I was perfectly content to listen to cassette tapes before CDs existed. How is this qualitatively different?

    The RIAA is powered by the naivete of musicians. I think this whole thing can only be solved when musical artists start seeing pop music as a hobby and not as a potential career. How many people do you know who make a living purely through their band, anyway? At least if they put their music in the public domain, they'd save themselves the trouble of attempting to play the fixed game of "getting discovered."

    --

    Step into a huge movement. Don't Tread In Me.

  37. Re:I'll buy this one by qwp · · Score: 2, Interesting

    Just because of quality doesn't remove the clauses for fair use.
    I have never seen anything saying if you loose 1/2 the quality it is ok to record copywritten work. Although i have seen it written that it is perfectly ok to record copywritten work for your own entertainment. (Betamax).

    So where do you get this whole justification about quality?
    Besides, you could always record a record at perfect analog quality.

  38. Understatement of the Century by nightsweat · · Score: 4, Insightful

    "the RIAA is starting to overstep its bounds"

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  39. Re:I'll buy this one by CupBeEmpty · · Score: 2, Insightful

    The only problem is that the "Fair Use" exception to copyright law DOES allow us to have a copy. It is exactly the same as going to the library renting a book with a picture of Mount Fuji and then copying it and putting it on the tack board near your desk. If you were really stringent about fair use you would provide a complete reference to the work. Also it must be completely for personal use... no sharing or selling. It is the same as recording TV with VHS or TiVO. No one is gearing up to sue Comcast because they provide cable service that makes it possible to record digital copies of TV shows.

  40. Don't worry, it's happening already by lokedhs · · Score: 2, Informative
    I know you were joking, but unfortunately reality caught up with you:

    Apparently you can get sued for singing with the kids

  41. interesting take by ch-chuck · · Score: 2, Informative

    published this week in theregister.co.uk , But it's a very phony war. The MPAA is only too happy to play the cartoon role the techno utopians have created for them, in a narrative dominated by fear, domination and control. Like small children playing a game of ghost, they've succeeded only in frightening the bejesus out of each other.

    And this thoroughly dishonest debate - you could call it the artistic versus the autistic - is lopsided to begin with. It's Jack, not Larry, who has Sin City and Mean Streets. But only by taking the long view can you see how irrelevant both of their phony stances really are.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  42. S50 by dr_dank · · Score: 2, Interesting

    Later this month, Sirius is coming out with their portable unit, the S50, that will be able to record 3 streams as well as store mp3s for portable listening. I think its a safe bet that the satellite radio recordings will be kept on a separate bank of flash chips that can't be accessed by the USB port or some other kind of proprietary format for the recorded programs.

    The RIAA would have a fit if one could simply move the files onto the harddrive in an unencumbered format so easily.

    --
    Where does the school board find them and why do they keep sending them to ME?
  43. Close . . . by Rob+the+Bold · · Score: 5, Funny
    In fact, all these royalties RIAA has demanded from satellite radio . . .[a]re completely new previously unheard of royalties. And it's all based on "caching".

    I think the actual term for RIAA's practice is "cashing".

    --
    I am not a crackpot.
  44. They'll be after me next... by Bohnanza · · Score: 2, Funny

    I heard a catchy song on the radio this morning and now it's stuck in my head!

    --

    -----

    Sorry, I'm only a 1336 h4x0r.

  45. False: The quality is equal or less by tkrotchko · · Score: 5, Informative

    "Analog radio is of lesser quality, "

    It is not.

    Perhaps it is within possibility that if the satellite providers used a significant amount of bandwidth for a channel, and the analog station compressed the hell out of the FM station, then it might be better, but the reality is that good FM (i.e. WGMS out of Washington DC, or lots of other PBS stations) blows away any satellite service.

    On the Sirius service, voice channels sound about the same or worse as shortwave broadcasts; the bit rates are so low that it takes you a couple weeks to get used to the sound. The music is okay, but clearly like low-grade FM; things like Saxophones are rendered so poorly on Sirius that you can barely tell that's what they are. Certain stations (i.e. Classical) are obviously given a higher bandwidth.

    But stuff like NPR is better via FM because there is a lot less compression.

    The advantages satellite has over terrestrial radio is country-wide access and no commercials. Sound quality is average at best.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  46. Re:*sigh* by myz24 · · Score: 2, Insightful

    No, actually it's not about wanting to drive my neighbors Ferrari or driving my Kia (not free BTW). It's more like, buying said Ferrari (or not free Kia) and being told how to drive it, where to drive it and when to drive it. RIAA is pissed off they can't or don't know how to compete in todays digital world and are looking to exploit every angle they can to prevent themselves from losing business until they can get their head wrapped around this great new digital way of distributing content. It's unfortunate they're wasting so much time fucking over the very people they would hope to target down the road.

    I think it's rediculous that they are getting their undies in a bundle over people being given the ability to record music from their satellite based music system. They're argument will be because you can make perfect digital copies over and and over with no degradation but why can't they deal with that when it comes to it? Why punish the good people for what bad people do? Ugg, I'm tired of corporate America.

  47. Sue these scum bags by anand78 · · Score: 2, Insightful

    The direction this is going is certainly not pleasent. I guess ther should be large scale demonstration against these scare tactics. Music is a form of entertainment and it should be like that. If you have to flip through law books merely for listening to a song FUCK THAT MUSIC. I guess we should avoid like cancer any music or music label that is affiliated to these Scumbags.

    In my case I heard Western music all my life but when I moved to US I switched to classical music from my own country. The reason, well CD - 5 bucks Cassette -- 2 bucks, here CD - 16-20 bucks and download $1.

  48. the long hard fall by cogit0 · · Score: 2, Insightful

    So i'm wondering when the beginning of the end will actually begin. RIAA has been pulling stuff like this since they started losing what they deemed their "fair share" of the market, repeatedly looking for excuses to perpetuate their model, as someone stated above. Sometimes they have justification for copywrite infringement. But most of the time they are trying to rewrite information property rights to suit their own needs.

    When is it gonna stop working in their favor? When will society/the legal system/RIAA realize that they are gripping the past a little bit too tightly and society tends to follow innovation?

  49. How long before... by Anonymous Coward · · Score: 2, Funny
    'The record industry ... believes the recording capability [of human brain] is a clear copyright violation and could take revenue away from paid download music services.'
    ... everyone would be required to listen music only thru (DRMed) headphones that give short-time-memory erasing electroconvulsive shock to the listener when session is over (or attempt is made to remove them from one's head).
  50. I, Criminal! by EddyPearson · · Score: 2, Funny

    I'm a criminal. i've been running from the law for years, and now i make my final stand! I was young and foolish! i didn't know that when my friend left the country and gave me his CDs i was breaking the law. But now, after years of running, i shall hide no more!

    My heinous crime will be made public and I shall face what is coming too me. I can never take back what i did that fateful day! Why oh why did i ever get into music! I knew it would be my downfall, but my young mind was corrupt by the evils of this world!

    God have mercy on my soul.

    --
    You feel sleepy. Close your eyes. The opinions stated above are yours. You cannot imagine why you ever felt otherwise.
  51. Broadcast Flag by EXrider · · Score: 2, Informative
    Using this rationale, then anyone recording HDTV (rather than a regular signal) should be sued too?


    Correct. Ever heard of the broadcast flag? Recording is already being prevented on HDTV...

    See: http://slashdot.org/article.pl?sid=05/09/14/144025 2&tid=129
    --
    grep -iw skynet /etc/services
  52. Howard Stern by lowrydr310 · · Score: 2, Informative
    I have Sirius and the voice channels are very annoying, to the point where I won't listen to them. AM radio sounds better. The music stations are better, but some of them just get irritating after a while. One of their selling points is that subscribers get to stream their channels free over the internet. I thought this would be nice as I'd get to listen to music at work, however the quality is so bad (highly compressed, low bandwidth)that it's not worth it.

    I noticed that since Sirius rearranged their programming, the two stations reserved for Howard Stern are grouped with all the low-quality/low-bandwidth entertainment and talk stations. I wonder if Howard Stern is still going to get the higher bandwidth low compression that the music channels have? If not, then I'll have to cancel my Sirius subscription. The only thing that's playing on Howard Stern's channels right now are the farters, and it's hard to tell if it's a higher or lower bandwidth channel.

  53. You know.. by ECramer · · Score: 2, Funny

    I'm starting to think these RIAA people aren't very nice.

  54. It FINALLY happened by gosand · · Score: 3, Interesting
    Did everyone miss the fact that this is one of their concerns: "...violation and could take revenue away from paid download music services."

    We now have the RIAA defending and fight for music download services? Funny how the worm turns, it only took them about 10 years to recognize music downloads as "valid".

    --

    My beliefs do not require that you agree with them.

  55. Re:False: The quality is equal or less by WaterBreath · · Score: 2, Informative

    It's not the actual sound quality that's at issue. It's the fact that whatever the satellite broadcasts will make it intact to the receiver, in pretty much perfect digital form.

    Analog radio is inherently imperfect because the information is not discrete. A loss of amplitude, or an attenuation, means a change in the content of the signal, and there's no checking mechanism to know that something changed. So what get's played (or recorded) is not exactly what was broadcast.

    With digital it takes a change greater than a specific size in order to change the actual information content of the signal. And when that happens there are mechanisms to detect and correct this. So the information that is played (or recorded) is essentially exactly the same as what was broadcast. Certainly with compression, the recording can be rendered into a state that is comparable to what is received via FM radio, but it doesn't have to be. For all intents and purposes, satellite radio is capable of sending out lossless audio data, if they so desired, whereas with FM radio there's not a whole lot that can be done toward that end. The RIAA is thus "protecting" themselves against the potentiality of this kind of distribution.

    Furthermore, satellite radio cannot be considered a "public service", as someone else claimed, because you have to pay to hear it. And so it doesn't fall under the same rules as AM/FM radio.

    But I'm not siding with the RIAA here, because I'm sure they are asking for something much more than what they really deserve. However, I think they do have a right to request a certain amount of compensation for the satellite stations out there that really are streaming content of a reasonable fidelity. Because in those cases, they are creating a copy of the copyrighted content which is, in practice, "very close" to the original source, in aural effect if not in ones and zeroes. And copying is the exclusive right of the copyright holder; they have the right to allow or disallow. (Hence the term "copyright".)

  56. Well, let's follow the reasoning through to... by Hosiah · · Score: 4, Funny
    "RIAA sues God for creating air"

    Since everybody knows that sound waves are transmitted through the air, that means that music can travel through this unsecured medium to be heard by many life forms, some larger than microscopic, which did not monetarily reimburse the music-producing entity. God was quoted as defending air: "All my land-dwelling living creatures need air to breathe! Isn't that 'fair use'?", but the RIAA responds, "He could have come up with creatures who didn't need to breathe."

  57. Music's social contract breaking down by Simonetta · · Score: 4, Insightful

    The music recording industry has painted itself into a corner by going digital. There was formerly a clear difference between an audio presentation (the sound that goes into people's ears) and the recording of that sound. Digitization of the entire industry has completely removed that difference. If a sound is heard, it has been digitized and stored.

        The financial structure of the industry as developed in the 20th century depends on a high price paid by the listener to the music industry for each individual recording. This price is roughly one hour of minimum wage earnings
    per fifteen minutes of music recording. This price has been stable throughout the 20th century and has been inflation-proof.
    In return, the music industry provides a centralized repository of all the musical styles currently of popular interest, a filtering service of the junk and mediocrity, and exposure to the best of new music performances.

        It was successful. There was pure capitalism among the various large and small record companies. There was a separation between the new music presenting services (radio and discos) and the record distribution networks.
    Talented people could gain exposure to many new styles from many different parts of the globe. They could create important new musical styles and have a marketplace and a financial structure to successfully present them.

        Everything changed by going digital and by corporate consolidation. Three companies own and control a vast percentage of the radio stations of the USA. Four or five corporations control about 80-90% of the music industry in the world. Digitization of the music playback machines means that all music presentation comes from recordings. There is no longer any difference between exposed to new music and having a recording of that music. This plays
    havoc with the structure of companies that sell recordings and use the proceeds of the sales to finance the filtering, product distribution, and new music exposure services.

        The companies want to return to the old business model, but only in the ways that are most profitable to them. They want their customers to continue to buy recordings at the old price, and also pay again for the new music exposure
    , junk filtering, and distribution services that used to be incorporated into the recording's price. As Slashdot readers know, they are meeting resistance from their customers.

          With lots of money going to technology development of digital encryption of recordings and payoffs to politicians for custom-tailored laws protecting their interests, they will be successful in reconstructing their old business model in the short run. In the long run (ten years or more) they will cut off their supply of new musical influences. All the people who are shut out of consuming music industry product because they can't afford to buy it will develop new musical alternatives that they will deliberately hide from the music industry. The music industry won't be the center of musical culture and development in the way that it is now. The best musicians now all want record contracts and seek out the music company executives. That means that music industry employees have been the most knowledgeable about the best new music. That will end.

          But no one will notice because music is basically a young person's industry and the number of young people in the world continues to grow rapidly each year. So the music industry will continue to grow. But the principle that the music industry is the source of the best music available will pass. There will develop many underground secret music societies.

        The real question is whether the music industry will take the position that they 'own' the music created by these secret societies. Will they chose to hunt them down, imprison their musicians and steal their ideas, or simply ignore them as being non-commercially viable and therefore unworthy of investment.

  58. Re:1985: Taping from Radio - 2005: Mp3 from SatRad by cpt+kangarooski · · Score: 2, Informative

    There is no difference between recording from source A to medium B, or recording to medium C. Whether the source is a CD or radio, and whether the source is analog or digital is irrelevant. Whether the recording medium is analog or digital is irrelevant.

    It is illegal, if you're unauthorizedly making a copy of a copyrighted work. Unless, of course, there is an applicable exception.

    Fair use might apply, but it depends on the overall circumstances. You can't really say that anyone recording from the radio for any purpose is doing so fairly. It always depends.

    Also, there is the 17 USC 1008 exception, but it does depend on who is doing the recording, why they're doing it, and what devices or media they're using to accomplish it. 1008 would likely protect taping from the radio, but not making an mp3 from the radio. Note that there are important definitions of the terms in 1008 in 101 and 1001, which people often don't read, resulting in misunderstandings of what 1008 actually says.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  59. Because nobody ever recorded off the radio??? by chia_monkey · · Score: 2, Interesting

    WTF? People have been using their tape decks to record off the radio for years. And then maybe a few more years. And then a few years more. They've recorded top 40 countdowns. Just recorded songs. Recorded tapes full of radio play and then made mixed tapes. Hell...before I even had a ghetto blaster (or boom box depending on where you're from...that's a debate for another time) I took a big clunky tape recorder (kinda like the ones you see in old police movies where they stick the tape recorder in front of the suspect in the interrogation room) in front of the speaker on the TV to record a top 40 countdown. That's right, I got Survivor and "Eye of the Tiger" in all its glory, taped on a crappy old tape recorder sitting next to the TV. And I liked it! We played that tape all around the neighborhood.

    The point is this: People have been recording from the radio, from TV, from their friend's records, from their parent's tapes, from their own CDs for about as long as there has been recordable media. The RIAA needs to realize that nothing they do will keep people from recording what they want. What they NEED to do is work on their business model, their distribution model, licensing models, etc and figure out how to make money from the products they sell instead of trying to rape the living crap out of the artists while also gouging the consumer.

    --

    "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
  60. This doesn't even make sense! by pclminion · · Score: 2, Interesting
    Why the hell would I record music off satellite radio when I can just download it off a P2P network?

    The RIAA is slowly going absolutely nuts. Where can I get some of whatever they're tripping on?

  61. Yeah this is pretty much crap by Chitlenz · · Score: 2, Interesting

    I am a Sirius subscriber, and I LOVE it for the most part, aside from the occasional static I get under power lines (the solution to this, apparently, is to install an FM demodulator and directly connect the SAT reciever to the back of the deck, unfortunately I have an eclipse Spyder which has all kinds of weirdness with the stereo, but I digress). For the most part, I've been fortunate in that I was a rave dj (as in warehouse party) growing up, and my tastes haven't changed much over the years. The REASON this is important is that electronica producers have pretty much always released their music on small, mom and pop labels that typically have no ties to big business at all. How is it that the RIAA can try to enforce rules over and over again on behalf of small labels like this who aren't even members of their own organization. I mean, it's become like some kind of mafia protection racket almost. In this case, if the RIAA wins, Sirius will have no choice but to try to get people like me to underwrite this, and its just not going to happen.

    I love my satellite, but I will NOT be paying any more for it. Not to mention, what happens to the folks who payed the flat fee for their reciever under the nuance that there would never be a subscription fee? (this may no longer be offered, but at one time you could pay 300$ or so and get a lifetime sub.). Does someone expect them to come back to the table? Which contract is valid there, the one between Sirius and the RIAA or the one between Sirius and their customers?

    Just some thoughts - chitlenz

    --
    Imagination is the silver lining of Intelligence.
  62. RIAA: "I can file that suit in one note!" by HTH+NE1 · · Score: 4, Funny

    The RIAA thinks they have a right here because...

    The RIAA thinks it owns the patent, copyright, and trademark on all music throughout the universe in perpetuity. They'd sue for the damnation of every harp plucker on the other side of the pearly gates if they could.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  63. Psst. by Kaenneth · · Score: 2, Funny

    Psst, SCO, I hear the RIAA is running Linux servers to spam P2P music networks, and not paying you license fees.

    Psst, RIAA, I hear SCO is licensing Linux servers capable of sharing music files, and not paying you license fees.

  64. Digital Media: Jack Valenti on "Justice Talking" by ngr8 · · Score: 4, Informative
    For extra fun try NPR's Justice Talking "The First Amendment in a Digital Age" which aired on 16 September 2005 with Jack Valenti (MPAA), Floyd Abrams (Pentagon Papers), and Lawrence Lessig (Creative Commons).

    Interesting discussion of Intellectual Property & etc. And my sense of the discussion was that the (former jefe of) MPAA's resembled the effect of talking to a Television Set.

    I only wish Hunter Thompson had moderated.
    --
    Verizon: Latin for "poor rural service".
  65. Re:Disable Autoplay by Awedaura · · Score: 2, Informative

    Disable Autoplay: Press: Win+R Enter: gpedit.msc Expand: user configuration Expand: Administrative Templates Click: System Highlight: Turn off Autoplay Right click: Properties Click: ENABLED (All drives) OK Problem solved.