Category — Satellite Radio

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:

• Consumer Electronic Association Runs Pro-Consumer Ads on Capital Hill (April 26, 2006)

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:

• Music Labels Sue XM Over its Inno/Helix Recording Capabilities (May 17, 2006)
• Proposed “Perform Act” to Restrict Satellite & Web Streaming Recording (April 26, 2006)
• RIAA Negotiates DRM with XM and Other Digital Radio Operators (January 16, 2006)
• Sirius S50 has been (siriusly) crippled by the RIAA (December 2, 2005)

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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:

• Music Labels Sue XM Over its Inno/Helix Recording Capabilities (May 17, 2006)
  
• RIAA Negotiates DRM with XM and Other Digital Radio Operators (January 16, 2006)
• Sirius S50 has been (siriusly) crippled by the RIAA (December 2, 2005)
  

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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:

• FCC Chairman Declares No More Blanket CableCARD Waivers (January 12, 2007)
• TiVo Continues to Fight the Good CableCARD/Integration Ban Fight (October 19, 2006)
• CableCARD Primer (February 6, 2006)
• Microsoft and Cablelabs Agree on CableCARD Integration into Windows Media Center (November 16, 2006)
• FCC Releases 12th Annual Report on the Status of Competition in the Video Programming Market (March 3, 2006)

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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:

• Sirius S50 has been (siriusly) crippled by the RIAA (December 2, 2005)

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Contrary to earlier reports XM & Sirius digital satellite receivers bought in the U.S. will not be locked down in Canada.

Source: Digital Home Canada

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Engadget asserts that the Sirius S50, which has a claimed 50 hours of audio storage and scheduled digital recordings, has been cut down in the prime of life by an overbearing RIAA that has limited the player to 20 scheduled recordings, each a maximum length of two hours.

Sources: Engadget  |  Mobile Mag

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RIAA lobbies for a new “HD Radio Content Protection Act“. It would require device makers to implement “functionality” to automatically delete your recordings after a certain amount of time.

Sources: Engadget  |  Twice

Related Story: Sirius and XM in Hot Water for Recording Capability

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Sources: RIAA | PDF Text RIAA Congressional Testimony

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The CRTC approved applications for three subscription-based radio services, but imposed strong Canadian content rules.

Sources: CBC | Friends of Canadian Broadcasting | Text of XM Approval | Text of Sirius Approval

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