Say That Again

by Mike Masnick




Would You Believe The RIAA Would Go Back On Its Word?

from the shocking! dept

Following the news of the RIAA suing XM for daring to come up with a device that lets people record their satellite radio offerings, it seems worth reminding the RIAA how they swore up, down, left and right that they would never, ever file such a lawsuit. Ray Beckerman points to a press release quoting the head of the Consumer Electronics Association and the Home Recording Rights Coalition, Gary Shapiro, reminding the industry of their past comments. If you remember, during the battles concerning new laws (such as the INDUCE Act) or lawsuits like the Supreme Court's Grokster case, whenever anyone would point out that these laws would have effectively stopped things like the VCR or the iPod, the entertainment industry would say that was ridiculous. They would never file lawsuits to stop devices that allowed "private, noncommercial consumer conduct." Shapiro points out that: "The lawyer that signed the complaint against XM is the same lawyer who told the Supreme Court that ripping a CD to a PC and then to a handheld device (without paying any royalty) is lawful. He represents the same industry that, in seeking 'inducement' legislation, promised that it would never be applied against devices such as a TiVo personal video recorder." And people wonder why no one trusts the entertainment industry these days?

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  1. identicon
    Anonymous Coward, 18 May 2006 @ 8:41am

    "OK, I read some of the DMCA again (I'm not a friggin' lawyer). The DMCA prohibits the sale or distribution of technology that would enable either the unauthorized access to a work or the unauthorized copying of a work"

    Nor an engineer... ;-)

    The "unauthorized" you refer to means circumvention of DRM. DRM and copyright are not the same thing. Everything broadcast by a radio station is copyrighted. BTW, copyright also allows certain "fair use" recording rights - that is part of the issue here. The Inno incorporates DRM, that's why you can't transfer it to another device. Again, the issue here is licensing.

    And BTW, a key difference with the Inno vs the iPod is you pay once to download to the iPod and can then play it forever. With the Inno if you cancel your XM subscription you can't play the music you have downloaded. The Inno and it's contents are tethered to XM - you own the Inno but never own the music you recorded. That actually provides a higher level of DRM than the iPod, Tivo, etc. I'm guessing that XM could also enable an end-date for recordings and that may become a negotiating point with the RIAA.

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