Judge Won't Dismiss Suit Against XM

U.S. District Judge Deborah A. Batts in New York has refused to throw out a record-industry lawsuit against XM Satellite Radio. XM was accused last May by the Recording Industry Association of America (RIAA) of violating its license deal by making it possible for subscribers to record music on special digital players. The recording companies filing the suit include Atlantic, BMG Music, Capitol Records, Elektra, Interscope Records, Motown, Sony BMG, UMG, Virgin Records and Warner Bros.

XM said in a statement that it remained confident that the lawsuit was without merit, and that the company would prevail: "At this stage of the proceeding, the court's ruling is required to be based on the false characterizations set forth in the plaintiff's complaint. The real facts strongly support our view that the lawsuit is barred by the Audio Home Recording Act. We look forward to making our case in court."

The act is part of U.S. copyright law and makes it legal for people to record music from a radio for personal use. Record companies are arguing that subscribers should not be able to record music with special receivers with an MP3 player. Music recorded cannot be transferred to other devices and the makers of the players haven't been sued. With the RIAA though, you never know.

News source: InformationWeek

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10 Comments

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Recording from radio to tape does not give you digitally identical copies of the music/broadcast/program the way that XM, Sirius and for that matter, CD and DVD does. With tape, you're going to suffer some kind of degrading of the signal, usually because you're talking analog to analog. With XM, you're talking a digital signal being recorded and stored in digital format, which means you don't have data degradation.

This is the argument that the RIAA is taking on this, just as when DAT came out. Remember Digital Audio Tape, was supposed to be the replacement for the cassette? Look at how fast the RIAA acted to kill the ability of home users to own DAT units for their stereo systems... it was fine when you could record a CD to a cassette, but not to a DAT drive, that would make digitally perfect copies of the CD, which leads to piracy...

Ok, end of rant.

The RIAA is a joke, they are a corrupted set of individuals who are living in the dark ages. They should be embracing new technology instead of bashing the things they don't understand.

The mainstream music industry is a joke these days as is. RIAA is doing such a great job, for me to poop on. :P

Just another RIAA vs. Anybody who listens to or broadcasts music to get more money. I think that for every failed attempt by the RIAA to sue just about anyone they should be fined to the fullest extent. That might just serve them a lesson.