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The RIAA Needs to get an Anal Probe

deevah

TRIBE Member
http://www.theglobeandmail.com/serv...NStory/Technology/?cid=al_gam_nletter_dtechal

Record industry sues XM Satellite
TED BRIDIS

Associated Press

WASHINGTON — Natural allies in the music industry — record labels and a leading satellite service — are on opposing sides in a federal lawsuit over how consumers may legally record songs using next-generation radio devices.

The recording industry accuses XM Satellite Radio of "massive wholesale infringement" because of a $400 (U.S.) iPod-like device that allows XM customers to record up to 50 hours of music and automatically parse recordings by song and artist. The "Inno" is sold under the slogan, "Hear it, click it, save it."

The lawsuit, filed Tuesday in New York by the largest labels, seeks $150,000 in damages for every song copied by XM Satellite customers using the devices, which went on sale weeks ago. The company says it plays 160,000 different songs every month.

The lawsuit does not seek directly any payments from or sanctions against XM Satellite customers who record songs. But if the lawsuit were successful, it could raise the company's costs, which could be passed on to subscribers as higher monthly fees.

XM Satellite promised to fight the lawsuit and accused the labels of using the courts as leverage during business negotiations.

"These are legal devices that allow consumers to listen to and record radio just as the law has allowed for decades," it said in a statement. "The music labels are trying to stifle innovation, limit consumer choice and roll back consumers' rights to record content for their personal use."

XM Satellite has balked at the recording industry's efforts to collect expensive distribution licenses similar to those required for Internet downloading services, such as Apple Inc.'s iTunes. XM's chief rival, Sirius Satellite Radio Inc., already has agreed to pay for such licenses to cover similar gadgets for its service.

XM's chairman, Gary Parsons, previously said requiring such licenses, in addition to broader performance licenses the company already pays, would represent "a new tax being imposed on our subscribers."

XM Satellite has compared its new device to a high-tech videocassette recorder, which consumers can legally use to record programs for their personal use. It also says songs stored on the device from its broadcasts can't be copied and can only be played for as long as a customer subscribes to its service.

The head of the music industry's trade group said the XM Satellite device is legally indistinguishable from iPods and other portable music players that work with downloading services.

"Yahoo!, Rhapsody, iTunes and Napster all have licenses," said Mitch Bainwol, chief executive for the Recording Industry Association of America. "There's no reason XM shouldn't as well."

XM subscribers pay $12.95 per month to listen to more than 170 channels of entertainment, sports and news programs, including 69 channels of different music genres without commercials.

A Washington-based consumers group, Public Knowledge, said the lawsuit threatens the rights of listeners to record music for their own use.

"The shame of the legal action, however, is that this is really a dispute between XM and the recording industry over licensing fees," the group's president, Gigi Sohn, said in a statement. "The companies should be left to figure out a solution without interference from the courts or from Congress."


FACE IT DICKWADS, YOUR BUSINESS MODEL NO LONGER WORKS
 
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acheron

TRIBE Member
businessmodel-sticker-tm.jpg
 

Shug

TRIBE Member
Jesus Christ, this is getting ridiculous.

As a consulation, I like imagining RIAA legal execs flipping out in an office because they're hemmoraging money, and brainstorming whacked out ideas on a whiteboard, in a frantic coke-induced haze.

"What about the air?? Can we sue the air when people play their radios loud enough for other people to hear??"

"JESUS THAT'S BRILLIANT!!!1!"
 

Ditto Much

TRIBE Member
Can't RIAA be brought down as a cartel? They act in a similar fashion and there are specific laws in the USA against this.
 

zoo

TRIBE Member
honestly, i see the RIAA eventually folding

what they're trying to do is unsustainable ..
 
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Access

TRIBE Member
Why not go after radio stations and cassete manufacturers?

Back in elementary school days that was the only way to get free music.
 

deevah

TRIBE Member
^ b/c the radio stations DO pay licensing fees
and the RIAA did try to go after cassette manufacturers for a tariff back in the 70s
 

mutslaster

TRIBE Member
here's the latest in the assheadedness of the RIAA (from Gizmodo):
why even bother suing when you can just scare money out of people?

The RIAA is sick of costly court battles with terrified, preteen defendants who happened to have a Linkin Park album in their shared folder on Soulseek. So they've decided to scale back their whole lawsuit operation, as it's really costly to pay all those venomous, black-hearted lawyers. Good news, right?

Wrong. Rather than take all that time with the legal system, the RIAA is going right for the terrified, non-billionaire jugulars of the "perps" by coercing ISPs to do their dirty work for them. They want ISPs to send letters directly to people asking for a $1,000 settlement if they've been found "guilty" of file sharing by the impartial and even-handed folks at the RIAA. They'll then be directed to p2plawsuits.com where they can automatically deal with paying off the RIAA thugs, as if they were just buying a book on Amazon.

Could the RIAA get any sleazier? They're now blatantly trying to circumvent the legal system and are just extorting money from people who are scared and don't have the resources to defend themselves. Despicable.

link
 

smack

TRIBE Member
What ever happened to that 20% music copyright tax on MP3 players and CDRs? Did that ever come to fruition?
 
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Rajio

Well-Known TRIBEr
lol imagine getting a letter from ted rogers: "Dear customer, some dudes tell us you have that new ying yang twins album shared online. I hear that shit is pretty rad but hey, we're going to add $1000 to your next bill so you stop sharing it. Yes I know we're throttling your ports and shit to make sharing it super slow anyhow but hey, I'm Ted Rogers biatch. Thats how I roll!"


out of curiosity, do legitimate musicians (who real people actually like for their music) even operate under the RIAA banner anymore?
 

Sal De Ban

TRIBE Member
People have been recording their favorite TV shows for decades. Myself....I have recorded radio shows (a lot of 89.5 / 88.1 stuff) since the early nineties (first on tape, now on PC). What's the bloody difference?
 

loopdokter

TRIBE Promoter
Rajio said:
out of curiosity, do legitimate musicians (who real people actually like for their
music) even operate under the RIAA banner anymore?[/COLOR]

The RIAA doesn't represent the artists. It represents the record companies (namely, the major labels) have quite an invested interest in these sorts of issues because of the 'potential' loss for profit. It's a well known fact that the major labels are about as sleezy as they come. I should also note that the RIAA is an American entity and has no standing in Canadian law.

The groups that represent artists are entities like ASCAP, BMI and SOCAN (in Canada).

Cheers,
J<
 

mutslaster

TRIBE Member
Rajio said:


out of curiosity, do legitimate musicians (who real people actually like for their music) even operate under the RIAA banner anymore?

afaik anyone on a major label (ie Sony BMG, Universal, Warner, EMI) will be represented by the RIAA. not so in Canada where a number of independent labels left the CRIA in protest of their attempts to have the CRTC redefine the scope of what constitutes "Canadian" music.
 

Lil'Timmy

TRIBE Promoter
smack said:
What ever happened to that 20% music copyright tax on MP3 players and CDRs? Did that ever come to fruition?

No


but.

It is being revisited in Canada by the current government.
 
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why not

TRIBE Member
Lil'Timmy said:
No


but.

It is being revisited in Canada by the current government.

i'm pretty sure in canada there is some kind of tax on CDRs that goes to SOCAN.
i'm going to check through my SOCAN literature, but i'm 90% sure that we get some money from that.
 

Sal De Ban

TRIBE Member
you wont get anything. trust me. even if your material is televised once or twice - or even if your songs are occasionally played on radio or web. you can bug them as much as you want. but you wont get your 0.67 cent cheque in the mail any time soon.

register with me: i am better than socan. if someone plays your music, i will physically threaten them, and get collateral for you at least
 

why not

TRIBE Member
Sal De Ban said:
you wont get anything. trust me. even if your material is televised once or twice - or even if your songs are occasionally played on radio or web. you can bug them as much as you want. but you wont get your 0.67 cent cheque in the mail any time soon.

register with me: i am better than socan. if someone plays your music, i will physically threaten them, and get collateral for you at least

actually, i should be getting a pretty decent amount of coin deposited in my bank account today (hurray for bad reality TV!), so nyah nyah nyah.

ok, maybe not that much, but enough to cover my rent and buy a bunch of drugs.
(if i didn't already owe it all to my credit card)
 

Silvershadow

TRIBE Member
loopdokter said:
The groups that represent artists are entities like ASCAP, BMI and SOCAN (in Canada).
Not to nitpick, but SOCAN, ASCAP and BMI don't represent artists per se, but rather the composers, writers, and music publishers. Some of them may also happen to be the artists who record/perform the songs, but that isn't necessarily the case.

And with regards to the CD-R levy, the CPCC distributes the funds, not SOCAN. http://en.wikipedia.org/wiki/Private_copying_levy
 
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why not

TRIBE Member
Silvershadow said:
And with regards to the CD-R levy, the CPCC distributes the funds, not SOCAN. http://en.wikipedia.org/wiki/Private_copying_levy


further investigation reveals that CPCC determines their royalty payments using information provided by SOCAN (as well as other organisations), and distributes songwriter and publishing royalties through SOCAN (as well as a couple other groups). other royalties (recording artist, record company) are distributed through other organisations.

so it is possible to get a cheque through SOCAN through the CDR levy, but also through other groups.
 

Dr Trance

TRIBE Member
As the great rock critic (and publisher of the monthly "Rock and Rap Confidential) Dave Marsh says, "why exactly to we need the record industry?"

As Deevah rightly says above, "your business model no longer works."

Just another nail in the coffin...
 

tobywan

TRIBE Member
Dr Trance said:
As the great rock critic (and publisher of the monthly "Rock and Rap Confidential) Dave Marsh says, "why exactly to we need the record industry?"

As Deevah rightly says above, "your business model no longer works."

Just another nail in the coffin...

I heard the same points being raised by dave bookie last night as he was interviewing a band on the Indie Hour...that really the only "need" for major labels today is distribution.

Artists/Bands are more self-sufficient than ever it seems.
 
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