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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.'"
That I believe WILL go to the supreme court and have a lasting effect on the private usage rights of citizens with regards to music. This could also effect Tivo in the long run as well as any other home recording devices.
If they're not protected, who is?
It isn't as if XM was stretching the rules to fit their case, this situation is exactly what the law is about: individuals recording music off of the radio.
Satellite radio may have been the big music companies salvation. If they hurt them with actions like this it may finally be over. The only non independent music we have bought in the last two years were things that we heard on satellite and "had to have".
The best way to ruin your hobby is to try to make a living at it. Waiting on the paperless office since 1997
The statement was given in a hearing about whether or not this case will go to trial. Both sides gave an argument, and the judge decided that the RIAA's argument was compelling enough to move to a full trial. This type of opinion is normal in a ruling, be it a hearing or trial.
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They're reasoning is that music is the biggest draw for XM listeners. So if XM can afford to pay Jimmie Johnson a million a year for one radio show, then the music cartel deserves at least 60 times that much (for sixty channels of music). But currently, the muisc mafia is locked into a ten year contract for a total of 60 million dollars.
This was all explained in a letter to XM subscribers a couple of months ago.
From The U.S. Copyright Office:
1008. Prohibition on certain infringement actions No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
It looks like this is saying that you can't sue the makers of any recording device based no the noncommercial use of an infringing consumer. (Not it doesn't stop them from suing the consumer).
I may be missing something... any ideas?
You are reading a copy of my copyrighted post.
Basically, the amendment says that digital recording devices must abide by a Serial Copy management System Basically an SCMS will allow you to make as many first generation copies of the original source but this copy will not allow copies to be made from it. (No second generation.)
Maybe the judge sees that this XM+MP3 does not have this copy-bit protection and will allow the lawsuit to continue. I didn't see anymore information in the TFA to tell why she ruled. But if XM+MP3 can show that it only allows for first generation copying only, then there should be no case.
http://en.wikipedia.org/wiki/Serial_Copy_Managemen t_System.
Where do you get that from? The cassette recorder on my home stereo has no such feature neither does the VCR in the attic.
I think the assumption was that cassette recorders were inherently such a lossy, low-quality recording, that their "copy protection" was in the generation loss that would naturally occur if a person made a copy of a recorded tape. Within a few generations, it would become unlistenable, or at least severely degraded.
Now, that's not exactly a "second generation" block, but it seemed to suit the courts and the music industry fine.
As far as video, there they were more stringent. Depending on how old that VCR is, it probably has Macrovision, which is essentially a mandatory "analog DRM" (ARM?) system that causes the recorder's tracking to go haywire if it detects a copyrighted signal. It's admittedly not present on early VCRs, but most of them don't produce a particularly good recording (don't have HiFi sound, etc.) unless they're professional models, so it's not a big risk.
Not sure either of those cases are really good ones to be bringing up.
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