Legal Issues

by Carlo Longino

Music Publishers Join In The Fun Of Suing XM

from the let's-all-sing-along dept

The Audio Home Recordings Act of 1992 makes it pretty clear that it's perfectly legal for consumers to make digital recordings of music for noncommercial use, and that companies that make and sell equipment allowing them to do so can't be sued for copyright violations. In spite of this, the RIAA sued satellite-radio company XM because it was marketing devices that let users record songs from XM broadcasts. Despite arguments from XM that the case shouldn't be allowed to move forward because of the AHRA, a judge disagreed, because the RIAA alleges XM is distributing music without a license, that somehow the ability to record its streams is legally different than a kid recording songs from FM radio onto a cassette tape. Now, music publishers are piling on by adding their own similar suit against XM, despite previous promises in the past from the recording industry that it wouldn't file suits over devices which allowed private, non-commercial recording -- but it's now splitting hairs by not suing over the device, but alleging XM isn't paying enough royalties to allow for recording. All of this comes amid attempts by the RIAA to get XM and Sirius to pay higher royalties, as well as efforts to get their buddies in Congress to enact a new law that would force them to do so. Do we have to pay royalties on the sound of the RIAA and its cronies trying to chip away at fair use, and other legally enshrined protections?

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  1. identicon
    Me, 23 Mar 2007 @ 9:24am

    RIAA can kiss my ass!

    Someone needs to put this power hungry greedy orginization in bankrupcy. Who si going to be the person that sues them into oblivion?

    reply to this | link to this | view in thread ]

  2. identicon
    Casper, 23 Mar 2007 @ 9:28am

    I can't follow this..

    I require at least a little bit of logic, and this has none. Since when can you sue a seller for a misuse of a product? Do they have any evidence of misuse? This would be like suing CD burner makers because people make pirate copies from their hardware. Just because the hardware CAN record music, doesn't it is.

    The government needs to step in and lay out what is fair use for the consumer and what is not. Right now we are can record music from FM only because the RIAA can't really crack down on it and the quality sucks.

    reply to this | link to this | view in thread ]

  3. identicon
    itanshi, 23 Mar 2007 @ 9:31am

    Re: RIAA can kiss my ass!

    riaa and mpaa are not for profit organizations. go aftr their constituencies.

    reply to this | link to this | view in thread ]

  4. identicon
    Dewy, 23 Mar 2007 @ 10:24am

    Screams from a dying industry

    I'm still waiting for polling numbers on artists views of RIAA actions. They can't be representing the artists... must be the recording industry.

    Its dying... let them enact laws, and enforce them... let them throw more money down the Drain of holding back the digital tide.

    When they figure out that the new generation of artists won't give them the time of day, they'll wither and die.

    reply to this | link to this | view in thread ]

  5. identicon
    Overcast, 23 Mar 2007 @ 10:32am

    The RIAA really doesn't want anyone listening to any music is backs, I do believe.

    reply to this | link to this | view in thread ]

  6. identicon
    Tony, 23 Mar 2007 @ 11:28am


    whats sad is that the riaa is probly gonna get its way... cuz thats how life works... its shit.,,

    reply to this | link to this | view in thread ]

  7. icon
    MadJo (profile), 23 Mar 2007 @ 3:59pm

    Re: Re: RIAA can kiss my ass!

    RIAA = Warner, EMI, Sony/BMG, and Universal

    MPAA = The Walt Disney Company (Buena Vista), Sony Pictures, Paramount Pictures , 20th Century Fox, Universal Studios and Warner Bros.

    Let's name them by their real names.

    btw, notice the similarities between the two groups?
    Sony, Universal and Warner... hmmm...

    reply to this | link to this | view in thread ]

  8. identicon
    Whoa, 26 Mar 2007 @ 6:36am


    Absolutely ridiculous.

    reply to this | link to this | view in thread ]

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