CEA’s New Ad: You’ve Heard This Song Before

The CEA has taken out another advertisement criticizing the content industry of fear-mongering once again in the context of its current law-suit against XM radio. The ad quotes the content industry’s dire warnings as far back as 1906 about how new technologies are going to spell the end of their industry.

Sources: CEA Ad [pdf]  |  ars technica  |  EFF Deep Links  |  Boing Boing
Related CEA Stories:

See related stories about the content industry opposing satellite-radio-based time-shifting posted on May 17, 2006, April 26, 2006, January 16, 2006 and December 2, 2005 (the Sirius Deal).

Related Satellite Radio Posts:

Proposed “Perform Act” to Restrict Satellite & Web Streaming Recording

Text of Proposed Perform Act
The PERFORM Act (“Platform Equality and Remedies for Rights Holders in Music Act of 2006“) was introduced into Congress yesterday. The bill prohibits satellite radio from offering its subscribers devices capable of recording off the air unless royalties are paid and content is locked with DRM. The catalyst for the bill was new devices XM Radio is bringing to the market that allow customers to save songs on the receivers. Sirius had already made deals with the major record companies that compensate them for downloads on its S-50 receiver.

Also in the bill is a provision that would effectively require music webcasters to use DRM-laden streaming formats, rather than the MP3 streaming.

Sources: EFF Deep Links | ars technica | BBC | TMCNet | Reuters | Billboard | CNet | Tech News – HRCC’s response | Red Herring | Hollywood Reporter | Washintgon Times | Techdirt | PublicKnowledge | Cathy Kirkman

Dale’s Comment: Aspects of this bill have merit. I agree that anyone wishing a permanent, transferable copy of a song broadcast through XM or Sirius should pay for it. If, however, the device does not permit the user to copy the song to an external device, then the concept is more akin to a PVR such as TiVo and fair use rights should allow the user to enjoy the song within the specific device for a reasonable period of time without an additional royalty payment – remember, XM and Sirius subscribers already pay compulsory royalties via their subscriptions to these services. To the extent an additional royalty payment is made to purchase a song, the user should have the right to copy/transmit the song off the XM/Sirius device to any other device owned by the user and, of course, all the other incidents of fair use for purchased music that I advocate for on this site should apply – the right to of the owner to transcode it to any other format, the right to play it on any device owned by the consumer, the right to sell/give-away/alienate the purchased copy (without retaining a copy) etc. If, however, this bill results in an obligation to pay for music that can’t be removed from the device or otherwise fairly used by the user, it should not be adopted.

Related Posts:

FCC Releases 12th Annual Report on the Status of Competition in the Video Programming Market

Text of 12th Annual Report

This annual report is a comprehensive overview of competition in the cable, satellite, OTA, wireless and related markets. If you want a solid overview of the regulatory environment for these industries, this report is a terrific place to start.

Coverage: WJLA ABC 7 News | The State Cathy Kirkman | Feb 10, 2006 FCC Press Release [.doc]

Related Posts:

RIAA Negotiates DRM with XM and Other Digital Radio Operators

Last year, the RIAA began proposing a broadcast flag type system and now they are in negotiations with satellite radio companies, such as XM about controlling what their listeners can do. According to the music industry, if consumers are given the opportunity to record music from digital radio, they will likely start recording songs
instead of purchasing them.

Sources: CD Freaks | ZDNet | CNet

Related Post: