Congressman Responds to PERFORM Act Dispute
A concerned reader took XM's advice and contacted his state's congressmen to express his feelings about the PERFORM Act (aka the anti-satellite radio bill), and the response he got back made him really mad. And reading it makes me pretty ticked off as well.
So, in the interests of public knowledge, here's the letter completely unedited (minus the recipient's name).
Is Congress really looking out for our "best interests" (i.e., not stifling technology) or in the interests of campaign finances?
You be the judge. Read the letter after the jump...

UPDATE: Please note this specific line:
"A user could program the device to record any certain music group or artist that plays on satellite radio over a certain period of time."
He obviously has no clue how the Pioneer Inno works. This is not a device that will wake up in the middle of the night and capture every Pantera song that gets played. As for recording over a "certain period of time" -- so can cassettes. It's called FAIR USE Mr. Latham. The RIAA didn't want it back in the 80s, and they still don't.
Unfortunately, I cut off Tom Latham's email address. So here it is, should you be so motivated to set the record straight:


Comments
Tom Latham is a sack of cunt.
-Lord Westfall
Posted by: Westfall ? | July 14, 2006 2:38 PM
one look at his website tells me that he's not too "current" when it comes to all things technological. it looks like it was optimized for mosaic 1.0. f'ing douche.
Posted by: delbert_grady ? | July 14, 2006 2:44 PM
Sometimes I wish the passangers of Flight 93 would have just stayed in the back of their plane.
-Lord Westfall
Posted by: Westfall ? | July 14, 2006 2:45 PM
"Again, thank you for sharing your views with me. It is through your comments that I am better able to represent the people of Iowa."
Are you?
Are you reall serving YOUR PEOPLE by supporting the RIAA and their middle man greediness. He says the Inno(for example) can distribute music....no it can't. XM distributes the music to SUBS. The Inno only records to itself. It's more restricted than iPod + iTunes because you can't even play the songs on your computer. The RIAA fails to tell these senators/congressman that XM has a Napster+XM service that allows SUBS to buy the music they have bookmarked(saved content also shows up to buy) on the device.
XM is so close to everything in DC that they need to do a march on Washington because Congress is only getting information from the RIAA, and they should be hearing it from us and Satellite Radio in general in a STRONGER way.
Posted by: ahigee ? | July 14, 2006 2:45 PM
I wrote to my Congressman as well. And for the first time in 2 years I've agreed with him. He mentioned that he is an XM subscriber and is against the bill at this time.
Posted by: Hepcat | July 14, 2006 2:46 PM
This is what I received:
Thank you for writing to me about the Platform Equality and
Remedies for Rights-holders in Music (PERFORM) Act. I appreciate
hearing from you.
I believe that our nation's intellectual property is vitally
important and needs to be protected. In fact, the promotion of the
creative process is so important that our Founding Fathers gave Congress
the express authority to protect it in the U.S. Constitution. Still, we must
ensure that any protection afforded to intellectual property is also
balanced and fair to all who are affected by it.
The PERFORM Act, which I introduced with Senators Lindsey
Graham (R-SC) and Bill Frist (R-TN), would require satellite, cable and
Internet broadcasters to pay fair market value for the performance of
digital music. Currently, these providers are treated differently and pay
different rates even though, as technology advances, their services have
become increasingly similar. Additionally, the bill would require the use
of readily-available, cost-effective, and feasible technology to prevent
music theft.
As such, the PERFORM Act would help strike a balance
between the promotion of technological advances in digital music
delivery systems and the protection of, and fair compensation for, the
intellectual property of artists and musicians.
The PERFORM Act has received the support of various music,
artist, and songwriter groups, as well as digital music service providers.
However, let me say, I believe the bill as it was introduced is the
beginning of the legislative process; and while there may be
disagreements over how to strike the proper balance on these difficult
issues, I am certainly open to a robust dialogue. Please know that as the
legislation moves through the process, I will be sure to keep your views
in mind.
Again, thank you for writing. If you should have any further
questions or comments in the future, please do not hesitate to call my
Washington, DC staff at (202) 224-3841.
Sincerely yours,
Dianne Feinstein
United States Senator
Posted by: hkdkat | July 14, 2006 2:46 PM
Fucking *VOMIT*
The guy should have slipped a 20 in there for him to at least contemplate what was going on.
Posted by: Schimshamity ? | July 14, 2006 2:50 PM
Oh yeah and in its current state the Inno can't play music bought off Napster. But regardless the Inno plays what the people pay XM for, and what XM pays alot of that to the RIAA.
It doesn't offer paying subs a free way to record music like Terrestrial Radio does....and Terrestrial Radio doesn't pay a dime to the RIAA.
Posted by: ahigee ? | July 14, 2006 2:50 PM
Sounds like RIAA wrote that letter for him... I doubt most members of Congress are that 'in the know' on satellite radio issues.
Maybe RIAA has a form letter for congressmen to send back to their constituents that they include with the dirty money...
Posted by: TVGenius ? | July 14, 2006 2:55 PM
"A user could program the device to record any certain music group or artist that plays on satellite radio over a certain period of time" This quote is further proof that he has no idea what the unit does. It won't automatically record a certain artist on its own.
Posted by: James | July 14, 2006 3:12 PM
"Sometimes I wish the passangers of Flight 93 would have just stayed in the back of their plane."
WOW! Its just a disagreement over copyright law, take it easy.
Posted by: CK | July 14, 2006 3:16 PM
Here is a letter I received from Vermont Senator Patrick Lahey. I found it to be pretty non committal, which has me concerned:
Thank you for contacting me about the Perform Act of 2006. I appreciate hearing from you on this important issue.
The Perform Act has raised important issues about how we license music in the digital age. I am an avid listener and collector of music myself, so I am certainly sympathetic to the artists' and labels' desires to protect their creative products. But, for many years I have also been a strong supporter of new technologies and new means of delivering creative products to as wide a range of consumers as possible. This issue is especially important to me as a Vermonter, because the advent of new digital technologies should mean that creative products of all sorts - books, music, and movies - will reach people across the state in ever faster and less expensive ways.
Consumers have recorded music from terrestrial radio for many years now. They have enjoyed this music in the privacy of their own homes, on a so-called "noncommercial" basis. No one, including the sponsors of the PERFORM Act, wish to halt the right of consumers to do so. We must do all we can, though, to protect intellectual property on all levels. The performing artist, the composer, and the creator of new and innovative technology must be confident that their creative works will be neither ruthlessly pirated nor appropriated without payment.
I believe that people should be compensated appropriately for the work they perform. And, I believe that consumers should have easy and effective access to those people's works. We must take a step back from the technicalities in Section 114 of the Copyright Act, from the individual business models, and perhaps even from the technology itself. Creative rights should be protected, but while respecting those rights, I hope to inspire continuing technological innovation.
I appreciate the efforts made by my colleagues on this important issue, and I appreciate your comments as well. Please be assured that I will hold your views in mind as I follow the progress of this proposed legislation, and the issue more generally.
Thank you again for contacting me. Please keep in touch.
Patrick Leahy
UNITED STATES SENATOR
Posted by: fletchtb ? | July 14, 2006 3:44 PM
If Congress thinks that stifling technology is a good thing, then it proves that they are morons. Sat Radio can survive without devices like the Inno/Helix. While it is incredibly convenient to record content with the touch of a button, a user can still hook a receiver to a computer, capture a "chunk" and manually whittle it down. That will always be there. The convenience is what bothers Congress -- the Inno/Helix make it too easy. Of course, it is stuck on the unit and will be unaccessible when the subscription ends.
My bigger concern is that how the PERFORM act would be used to stifle other technology. They are not thinking in those terms. That is what really scares me.
Posted by: iband | July 14, 2006 3:47 PM
I'm one of the few unfortunate people who live in Iowa...and I got into an e-mail argument with one of his aides after he sent the exact same response. It's one of the few times I feel ashamed to live in Iowa.
Posted by: Hypes | July 14, 2006 4:00 PM
July 14, 2006
Mr. Jeff XXXXXX
XX XXXXXXXX Place
XXXXX XXXXXX, New Jersey XXXXX
Dear Mr. XXXXXXXXX:
Thank you for your email opposing H.R.
5361, the Perform Act of 2006, introduced by
Representative Howard Berman (CA). I
appreciate having the benefit of your views.
As you know, H.R. 5361 would require
Copyright Royalty Judges (CRJs) to establish
rates for licenses for the transmission of
sound recordings that reflect a fair market
value. The bill would establish one process
for setting rates and terms of royalty
payments for all subscription transmissions.
Most recently, H.R. 5361 was referred
to the House Judiciary Committee. While I
do not serve on this committee, I will be
sure to keep your views in mind if this bill
comes to the floor of the House of
Representatives for a vote.
Again, thank you alerting me to this
bill.
Sincerely,
Rodney P. Frelinghuysen
Member of Congress
Posted by: jeff | July 14, 2006 4:07 PM
Alot of people are getting replies back. The "XM call to arms" was not the first time i've contacted my senator regarding an issue with satellite radio and I STILL haven't received a peep back from my senators/congressman.
I'm from Virginia.....anyone in Va gotten a reply back?
Posted by: ahigee ? | July 14, 2006 4:36 PM
Sigh...
I wish I could afford to buy a few Senators or Congressmen.
Life would be so much cooler.
Posted by: MikeHunt ? | July 14, 2006 4:46 PM
"I'm from Virginia.....anyone in Va gotten a reply back?"
yes. i got a cookie-cutter reply, similar to those above, from virgil goode.
sens. allen and warner were, shockingly, silent on the matter. probably b/c george is too busy planning his presidential campaign and john is, well, let's just say that his generation still thinks the 8-track is cutting-edge technology.
Posted by: delbert_grady ? | July 14, 2006 4:52 PM
I'm sickened that a prick that represents me, Bill Frist, introduced this bill. I haven't received a reply yet however, but I'm sure it'll be a bunch of BS like everyone else has gotten. Ugh...
Posted by: Bud Light ? | July 14, 2006 5:33 PM
Congress is the finest Government money can buy.
Posted by: Ployboy | July 14, 2006 7:54 PM
I guess we know were congressman are getting there campaign money for this years election.
Posted by: Psycho | July 14, 2006 9:42 PM
I've only gotton one reply (a cookie cutter form letter) from NY State's Chuck Schumer. However, I never got a reply from Hillary Clinton. No surprise there.
Posted by: James | July 15, 2006 3:30 PM
I agree, performers such as Snoop Dogg and Master P need to be protected. I saw them on MTV Cribs. If it wasn't for pirates, there 12,000 sq. ft. house would be 18,000 sq. ft. They could afford another Bently. That Bling on there neck could be 100 more Carats, its ridiculas!
It would be nice if maybe he tried to use a Inno and see how it works. What an Ass!
Posted by: Eddie | August 12, 2006 7:38 PM
On page 5 of the Perform Act it takes about requiring the use of anti-piracy software on web sites containing intellectual property , or, copyrighted material. The only company that has this technology is Media Rights Technologies in Santa Cruz, California. Buying stock in this company right now makes a lot of sense.
Posted by: Jim Coleman | August 18, 2006 8:06 PM