XM Satellite Radio is not sitting on their hands when it comes to the PERFORM Act (which the Senate Judiciary could take up as soon as the end of July).
Following the misinformed letter from Congressman Tom Latham, here's a fact-sheet created by XM (PDF) that outlines specifically what the Pioneer Inno and Samsung Helix can and cannot do. Two key points:
- Users cannot automatically record individual songs or artists.
- Users cannot pick what songs are played on XM, or access a playlist of songs that are to be played.
It's amazing how much misinformation is being spread by the RIAA regarding the capabilities of the Inno and Helix. These devices are no different than cassette recording, but with slick PR and well connected lobbyists, the RIAA is making sure to spread misleading statements.
In fact to illustrate the far reaching tentacles of the RIAA: the Senator who is championing the PERFORM act - Senate Majority Leader Bill Frist R-Tenn. (arguably the most powerful Republican in the Senate) - appears to have some special interest in getting the PERFORM Act to the floor.
"I guess he sees this as his last chance to do something parochial for his constituents," a GOP aide said to Roll Call (PDF), referring to the multibillion-dollar country music industry centered in Nashville, Tenn. "It was made pretty clear at the staff level — there would be very little chance this [telecom] bill would get floor time if this wasn’t in the bill."
But beyond a home-state interest, another enlightening fact is that the former Frist Chief of Staff - Mitch Bainwol - now heads the RIAA. Connected? You think? In recent House testimony, the RIAA’s Bainwol said, "With these devices, you can tape without listening. That’s not old-fashioned listening to the radio. You’ve changed the fundamental nature of radio." (Is it really? Have you really?)
To your right is an ad that XM recently ran in two Capitol Hill newspapers: Roll Call and The Hill (PDF).
It highlights a real-life scenario of an artist - struggling to sign with a Nashville label - who was able to gain an audience thanks to satellite radio.
If the RIAA was truly concerned about the artists, and not in stifling technology that might be a threat to CD sales, they would work with the satellite radio industry rather than against it.
The ironic thing is that they're going against an industry that can lengthen the long tail of CD sales by promoting back-catalog and indie artists. What's unfortunate is that they don't see that (or choose not to), and it's even more unfortunate that powerful Senators like Bill Frist are in their pocket - helping bring this battle to Washington, rather than where it belongs - on the free market.
PDFs:
[Roll Call Article] (highly recommended)
[Inno/Helix Fact Sheet]
[XM Artist Ad]
(If you haven't done so already, please write your Senator and voice your opposition now. Time is running out.)
Jesus F'n Christmas, thanks to Sirius' rock stations, I bought my girlfriend 2 albums a week ago. Those are the first 2 albums I think I've bought in five years! They're just begging people not to buy anything anymore. I'm sorry I did and I won't do it again.
Frist is such a punk. He wants to run for President but he has no conservative or free-market principles. He just does what he thinks is politically most helpful to him. Fortunately the telecom bill doesn't have any momentum. Too bad the worthless Senate didn't have more principled people like John Sununu.
this is exactly the reason why we all need to stop bickering about who's better between O&A and Stern, XM or Sirius. we need to forget all of that and get the pests and the stern fans to work together to do an attack on this bill, but not just them, the entire satellite radio community.
What is Sirius's take on all of this?
sirius signed an agrement with some music companies over royalites with the S50.
What Sirius did with the S50 is not going to help them when the Stelleto comes out. They have as much to lose with PERFORM as XM. They are very quiet about it, but they do not have any equipment on the market that will be affected. They are smart not to draw attention to the unit coming out, but on the other hand, their silence will not shield them from the PERFORM act.
This really burns my fuzz. I have a TIVO and record movies to watch later. How is this any different?
It isn't and companies went after the Tivo at first but it was pointless because the law allows you to do it. Sirius signed an agreement but this new law effects both parties. Sirius should be equally involved because if they don't both will have to pay higher royalties for music in general and not just because of a device.
XM offered to pay the same thing Sirius did for the S50 but the RIAA refused to allow it.
I'm ashamed that it's my congressman heading this up.... Thank you XM for fighting back.
all music content stored on these devices should expire after 30 days. if you like the song, you should be able to tag it on the device to purchase it through Napster, yahoo, etc later on. i think this would stop the riaa from bitching.
so what if your favorite song get erased after 30 days? it will play again and you can store it again!
I got an alert on my Inno just last night. Said something like recorded tracks will expire after 90 days. Dont mind at all about this. Anyone else have this happen?
Before the 2004 Election I stated on AOL's XM stock board and SIRI stock board that Bush and the Republicans would be bad for satellite radio. I really caught a lot of flack for those posts. Well, here we are folks. We are suffering under the most corupt administration since Harding. If SATRAD and the technologies that support it are stifled, we only have ourselves to blame for putting these people in office.