XM Satellite Radio is the latest target of the RIAA. They have filed suit in New York over a new radio device that XM just put out called the Inno. This is no small matter, either. The RIAA is suing for $150,000 per "violation." In this case, a violation would be considered a single song recorded onto this device off of the live XM Airwaves. While this is an outlandish number difficult to imagine, even some fraction of that amount per "violation" could send this infant radio/technology company into an unrecoverable tailspin.
What violations does the RIAA perceive XM is committing?
The two devices in question are the Inno and Helix. These two new devices released by XM are one of the most excellent examples of useful technological convergence we have seen since radios started coming with tape decks. This product takes portable satellite radio abilities and gives the capability to record live programming for playback at a later time. But that alone would just be an average example of convergence. Through the use of streaming technology and the included memory, XM has enabled "tagging" of songs so that even if you are listening to a song and it is half way over with, it can go back into the queue and record the entire thing. This takes recording to a whole new level because it takes the failure rate out of the process.
And this "tagging," or recording of songs is the problem that the RIAA has with XM. They feel as if storing a song digitally is outside the realm of fairness. Without additional planning and controls, I might agree with them. If listeners could tag songs, go home and load all their tracks onto their PCs into portable digital music formats like MP3s then it would be just like stealing the track from one of the illegal venues on the Internet. If that were the case, then I would say that the RIAA has every right to sue XM into oblivion.
That is not the case, though. XM has allowed the "tagging" of these songs for replay in their device alone. A listener is unable through any normal, reasonable methods to transfer audio from the XM device onto the PC. If that wasn't enough, they also decided to enable easy purchase of any "tagged" tracks.
For example, an XM subscriber with either the Helix or Inno XM radio can spend a day walking around with their device tagging songs that they like. Let's say they then want to have copies of ten of the songs they enjoyed so they could make a mix on their computer. They connect the XM device to the PC and it helps them purchase each one of the tracks through the 100% legal Napster download service. If anything, this seems to lessen the chance that someone would go hunting through illegal Internet channels for MP3 copies of the songs they just downloaded. By converging the recording of material off of the airwaves with an online store, XM is encouraging legal participation in the music business by its listeners.
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Article comments
1 - Victor Plenty
For several days now, "Margaritaville" has been stuck in my head, playing over and over at odd moments, for reasons I prefer not to explain.
In the grim future the RIAA is trying to herd us toward, I would owe them royalty micropayments for every time I could hear Jimmy Buffett's voice replaying in my head.
Even if they never managed to get any of that money back to Jimmy Buffett.
2 - Zaldor
This is crazy. What's to stop me from hooking up my XM radio to my PC and recording that way? Sure it's more hassle, but it's still recording... and how is it different than recording off the FM radio using my iRiver??? This whole argument is crazy.
3 - Mark Saleski
man, the riaa is a weird organization. it's like they're in tune with modern technology....and they're not!
4 - Jared
hahaha. I don't know about poor XM, but if the RIAA thinks this is going to in any way make a dent in piracy, they're sadly mistaken. I just feel bad for the perfectly legit company that will take the fall for this. The possible piracy method the RIAA is worried about is so inconvenient that noone would ever use it. Oh well, let them throw away their funding on such a fruitless cause. Gotta feel for XM though.
5 - Ernest
The whole argument is totally unfounded. They should sue Sony, Toshiba, and every other company that ever created a recording device. XM is the only satellite company with the guts to fight the RIAA. The RIAA is killing XM's share price. Maybe we should start looking at their member's portfolios? It's time to buy, buy, buy that XM stock people!
6 - David
Screw XM anyways. Sirius is where its at.
7 - FilteringCraig
That's where they end their sentences in prepositions anyway.
8 - Pest
Sirius 4.27
Xm 13.34
yup your right.
RRaaammmooonnneee get this man a calculator
9 - FilteringCraig
it isn't share price, it is market cap. I am an XM guy, but Sirius has a higher market cap. That is a fact.
10 - KnightShadow
RIAA is become a little to big for there pants if yu ask me.
Just read this Lifehacker URL I found yesterday.
Pretty soon you will not be able to share anything on your PC 'even if that is with another PC you own. You will have to buy 3 CD's (1) for your car (1) for your house (1) one for your computer.
So lets see at $12 bucks a CD $36 for 3 CD.
Gee that does not sound expensive does it.
It does to me, I guess the only way around this is to make our own music bypassing all the bands we love that is copyrighted.
And "share-with other-as we please! Till the RIAA can no longer touch that which we do.
AKA- beat them at there own game.
Though I have to say my girlfriend and I share folders, her PC in the front room and my PC in the back room. So if this becomes illegal, what is next her and i sharing a net connection?
We have to figure a way to shut down the RIAA Legally
11 - Lisa McKay
Congratulations, Craig -- this article has been chosen as an Editors' Pick this week. Thank you!
12 - Craig Lyndall
Thanks Lisa!