XM+MP3 Going to Trial

fistfullast33l writes "A federal judge has ruled that Music Companies can take XM Radio to trial over the XM+MP3 device that allows users to record songs off the Satellite Radio Company's network for playback later. The lawsuit, which was filed last year, asserts that XM is violating the Music publishers' sole distribution rights. From the article: 'XM has argued it is protected from infringement lawsuits by the Audio Home Recording Act of 1992, which permits individuals to record music off the radio for private use. The judge said she did not believe the company was protected in this instance by the act.'"

Comments

Re:Tape recorders??

[drinkypoo]

Everybody stop making their "comparisons"!!!

Go piss up a "rope"!!!

XM is not supposed to be both a DISTRIBUTOR AND a BROADCASTER!

Luckily they are not.

If they offered their device with only an audio_out, and someone hooked third-party HW up to it, then there would be NO PROBLEM. Instead, they offer the ability to record, and therefore are considered distributors.

How is this different from your cable company's PVR? Hint: it is not.

They are not broadcasters and distributors. They are doing the broadcasting. You are doing the recording.

It doesn't matter that XM "DRMs" the shiite out of it, or that the device has a crappy 512mb capacity, or that an end user can accomplish this task in some other way.

That's true. All of that is irrelevant.

XM provides the whole scheme. Just RTFA.

I did RTFA. I just didn't lose all common sense, or touch with reality.