RIAA Sues XM Satellite Radio

RIAA Sues XM Satellite Radio
The Recording Industry Association of America has filed a lawsuit against XM Satellite Radio over its' new device, the Pioneer Inno, which allows users to save songs heard on the radio service to the device.

The RIAA's lawsuit, filed in a federal court in New York yesterday, alleges the satellite radio provider is committing "massive wholesale infringement" of copyrights. The suit claims that users who have the device and subscibe to the $12.95-a-month service would no longer need to purchase digital music.



The music industry is demanding $150,000 (£79,537) for every song recorded by customers who bought the player since it was first released earlier this month. Although thousands of Innos have been sold, this does not appear to have deterred XM. It has vowed "it would fight the suit", and also points out that the Pioneer Inno is no different from a person recording from terrestrial radio, which has happened for years. Furthermore, it cannot transfer content, nor is it an on-demand service, unlike iTunes.

The RIAA, however, disagree. In a statement made to the Los Angeles Times, Mitch Bainwol, the RIAA's chief executive, said "XM wants to offer listeners what is essentially a free version of iTunes without paying the music companies for the right to sell their songs". He contines to say, "It's a great deal for XM because it drives subscriptions. But it's fundamentally unfair to songwriters and labels and threatens to puncture the integrity of the digital music marketplace right as it is growing."

Source:
BetaNews


Written by: Ben Reid @ 17 May 2006 18:19
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  • 74 comments
  • ndvorak

    Will they ever stop? The RIAA is just getting annoying now.

    17.5.2006 18:27 #1

  • MXGzX

    "But it's fundamentally unfair to songwriters"

    stfu they get hardly any of the money

    17.5.2006 18:29 #2

  • AIM2Shame

    What a joke, im glad I live in Australia.

    17.5.2006 18:33 #3

  • llongtheD

    The RIAA must have alot of cash stuffed away in their cookie jar to be filing all these lawsuits. Its the songwriters and artists who should be suiing them, for this false umbrella of protection they want everyone to think they provide. If anyone believes the RIAA gives a sh**t about the artists they should have their head examined.

    If your fish seems sick, put it back in the water.

    17.5.2006 18:37 #4

  • evilbunny

    if im not mistaken sirius also has a player that can do this excpet you cant take the songs off of it. So why they jsut going after XM.

    17.5.2006 19:01 #5

  • Lethal_B

    Sirius is also on the radar of the RIAA, however, has yet to be issued a lawsuit. Goodness knows why. But I feel XM have been made an example as a warning of intent to similar services, such as Sirius.

    17.5.2006 19:11 #6

  • PirateDan

    So where was the RIAA when I was 12 and recording music off the radio.
    Please give me a break, please someone put a wooden stake it these guys heart. Cause that all they are a bunch of blood suckers.

    17.5.2006 19:59 #7

  • jAmEsTn

    the cure to all this RIAA/MPAA rage would be media attention... come on, honestly. Have you heard even ONE of these stories on any mainstream television news station?.. I think not and i wouldnt plan on it.. awareness is necessary!!!!!

    17.5.2006 20:03 #8

  • FartDude

    This is just plain out annoying just too read now... im sick of the RIAA, sick of lawsuits, everytime i see the RIAA in the headlines, the word lawsuit always appears.

    17.5.2006 20:23 #9

  • hot_ice

    "threatens to puncture the integrity of the digital music"

    Integrity and RIAA! HA! Now that is a classic right there!

    17.5.2006 20:51 #10

  • flyingv

    Where are these guys going to stop??? This is a battle in which the consumer cannot win!!! First it's CD's then DVD's now this!!! People pay good, honest money for these services and the RIAA thinks that they are the ones getting screwed!!! This has to come to an end!!! We, the people, are the ones that are getting the short end of the stick. I'm not sorry for them and I wish that whoever supports them would just drop off the face of the planet!!!

    17.5.2006 21:27 #11

  • b18bek9

    funny thing is sirius wont be gettin sued because sirius had already signed an agreement before they had the s50's an so on that record the music onto their products so i know they were smart but xm is screwed

    17.5.2006 22:57 #12

  • Ofnir1

    Doesn't the Pioneer Inno include some type of Napster service with it?

    17.5.2006 23:12 #13

  • nonoitall

    I think it's best for musicians, consumers and radio companies to avoid the RIAA altogether. They just want to soak up every penny that other people work for.

    17.5.2006 23:30 #14

  • wetsparks

    Usually I would have something mean or sarcastic to say about the RIAA, but this has just left me speechless. <:O

    18.5.2006 00:06 #15

  • Ofnir1

    I know what you mean, wetsparks. They're just a herd of money hungry dogs, who bite to the last dollar.

    18.5.2006 00:23 #16

  • esrever

    Quote:The RIAA must have alot of cash stuffed away in their cookie jar to be filing all these lawsuits. You know why? Taxpayers.

    18.5.2006 01:06 #17

  • sammorris

    Face it, the RIAA and related criminals are just taxes. The more rights you keep, the more tax you pay. Only trouble is the tax is a few million dollars per right.

    18.5.2006 03:56 #18

  • bunny_c

    Tonnes of mp3,4 players can do this so why are they taking it out on this company?

    18.5.2006 03:59 #19

  • mystic

    well well well the RIAA has done it now they have brought the fact that you can record a song off the radio to the forfront. this is the battle that we have all been waiting for and they are taking on some one who can pay lawyers just as well if not better then they can ... this fight will keep the RIAA busy for years no judge in his right mind will want this case on his docket because they will speak legal technolgy and common sence to the court and this one may be the end of the RIAA law suets finally think next they would have to go after everyone who has a cassette recorder hooked to a radio and thats not going to happen... how about we get a look at the lawyers homes and offices and see if they could record a song off a radio and if they could then nail them for having technology that would do so this was the big one in coming .... long live radio be it from the ground (terrestrial or satalite)and why hasnt the RIAA gone after the manufactures of this technology because they cant...

    18.5.2006 04:40 #20

  • sammorris

    Yep, absolutely. Idiots.

    18.5.2006 08:02 #21

  • Gnomex

    Greed makes the worrld go around. This fact is true when you live in the world RIAA lives in.

    18.5.2006 08:44 #22

  • Berge

    Hmm... Wasn't this the idea with cassette recorders? Should RIAA go after them next?

    18.5.2006 09:05 #23

  • lawndog

    ah full circle is coming hopefully.
    Ok back when blank tapes first came out this whole debate with the RIAA started.Artists"All thay have to do is record onto a blank disc" RIAA" Ok we want a percent of ALL blank tapes sold" It was agreed upon. Even to this day we as consumers pay a percentage to the RIAA or other related organization.
    So why can't they formulate a plan to do the same?? I would rather the prices of blanks go up a little, and the copyright crap taken off. besides $20.00 is to much for a DVD but would pay a little over $1.00 per blank, IF I KNEW IT WOUULD COPY. We still would have to rent, or borrow a true copy.
    They will never stop Downloading movies.
    There are different ways to go about this, just remember though, in the past..... RIAA got money from blanks, why not now??
    LD

    18.5.2006 09:15 #24

  • DVDdoug

    Goofy! We can always count on the RIAA for some laughs!

    Let's hope that the suit doesn't get thrown-out right away... Hopefully they will be tied-up in court for at least 5 years before they loose.

    NOTE - The RIAA in an industry association. (They call themselves a "trade group".) THE RIAA IS NOT FUNDED WITH TAX DOLLARS. It is funded by the evil record companies. One hint is their .com web domain (not .gov).

    18.5.2006 09:19 #25

  • sammorris

    But if they've no affiliation with the government, how can they emplace laws over the whole world? I don't quite understand that.

    18.5.2006 09:49 #26

  • 5c4ry_0p

    hmmm...at this rate its gonna be illegal to even listen to radio because "were infringing copyrights"or whatever those jackasses think up of next.I f'ing tired of those idiots with their stupid lawsuits sueing everyone they see.Those jerks are looking for a crazy manic to bomb their headquarters...or bank accounts...or where ever they store they fat loads of cash they get from this.I swear,if i ever hear that the RIAA is being attacked or something,ill laugh my ass off while i trow some cmc disks at the tvs...lol

    18.5.2006 11:10 #27

  • BIGTOXY69

    To quote David Byrne of Talking Heads Fame " Same as it ever was ! Same as it ever was ! " & Look where my hand was " The sad thing about the MUSIC bussiness is just that ! It's not about the Music just bussiness ! This suit is just a rehash of all the crap that has gone before like VCR's will kill the Movie bussiness ! Which was proven wrong ! Videotapes - VHS & Beta releases beame another revenue stream for HOLLYWOOD ! But they fought against it at first ! Then it was Cassette recorders are killing album sales ! they were'nt ! then it was lets fight DAT recorders ! right I'm going to Spend over 10.00 dollars to put my 12.00 cd on tape ! But they screwed the pooch on that one ! Then it was CDR's They got a tax put on Digital media to offset so called Royalty losses for their artist! How do they decide which artist gets what share of that money ? Now they're going after XM radio because PiONEER makes a device that can store Xm radio brodcast ? That's assinine in the extreme ! SO you can ask yourself why is the RIAA So Suit happy ? and where does the music biz Get all these lawyers ? Hello Wake up America !The Music industry is LAWYERS , Lawyers and accountants ! They don't care about ART or The Artist even ! Just about money ' power & control ! that's all ! And anything that they thinkk threatens that status quo ! they will attack ! Perhaps Shakespear said it best " First thing you do is kill all the lawyers " I'm not advocating murder don't get me wrong but perhaps it's time that the Entertainment industry et'al finds a new bussiness model ?

    18.5.2006 11:20 #28

  • sammorris

    Quote:if i ever hear that the RIAA is being attacked or something,ill laugh my ass off while i trow some cmc disks at the tvs...lol LOL! That's one of the funnier things I've heard on AD!
    As I say it's just a tax, there doesn't even seem to be any motive involved, other than getting money from innocent people. When you think about it, it just boils down to theft, but using lawyers and court cases, rather than men in black & white striped suits, and big brown bags with swag and the dollar symbol written on them. In a way (I hope they read this!) The RIAA, MPAA and all that lot are nothing more than common thieves. Making innocent people's lives worse by stealing their money and rights for their ill-gotten gain.
    I'm tired of writing this about whatever the next lawsuit is about on AD. Not that AD are wrong to put these stories up at all, I welcome every story making the news page, but there are so damn many of them! And since they're not government, it's not going to fund education or stop terrorism and what not, it's just going to a few people's bank accounts to drive around, no sorry, be driven around in Hummer limos with swimming pools, returning to their house with its own swimming pool, this one gold-plated. It's the rich stealing from the poor, and it disgusts me. Rich folks like Bill Gates and Microsoft charging extortionate rates because they have a monopoly, that I can just about deal with, but theft? No. Not standing for it. It's been a while since I bought a DVD, but ironically not long since I last watched a film I hadn't seen before. Funny that, wonder how it happened?

    18.5.2006 11:26 #29

  • ublade

    C'mon people, it's just like a tape recorder... is this really nessacary... or fair?

    This is bull!

    ultrablADe

    18.5.2006 15:50 #30

  • bobiroc

    Just another example of the RIAA being themselves. I agree with XM, it is no different then them taping it off the radio and using it for personal use. They should sue XM capable home stereos too. I can hook my yamaha stereo receiver with XM to a my computer with a digital audio cable and record what I want. So go sue them.

    I wish the RIAA (and the MPAA) would just wake up and realize it is not the stone age anymore and learn to embrace technology and what it can do instead of placing a lawsuit on everybody.

    18.5.2006 16:16 #31

  • homer985

    XM responds to the RIAA via their subscribers. Just received this in my email:


    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    <b>Statement to XM Subscribers - The XM Nation</b>


    Everything we've done at XM since our first minute on the air is about giving you more choices. We provide more channels and music programming than any other network. We play all the music you want to hear including the artists you want to hear but can't find on traditional FM radio. And we offer the best radios with the features you want for your cars, homes, and all places in between.

    We've developed new radios -- the Inno, Helix and NeXus -- that take innovation to the next level in a totally legal way. Like TiVo, these devices give you the ability to enjoy the sports, talk and music programming whenever you want. And because they are portable, you can enjoy XM wherever you want.

    The music industry wants to stop your ability to choose when and where you can listen. Their lawyers have filed a meritless lawsuit to try and stop you from enjoying these radios.

    They don't get it. These devices are clearly legal. Consumers have enjoyed the right to tape off the air for their personal use for decades, from reel-to-reel and the cassette to the VCR and TiVo.

    Our new radios complement download services, they don't replace them. If you want a copy of a song to transfer to other players or burn onto CDs, we make it easy for you to buy them through XM + Napster.

    Satellite radio subscribers like you are law-abiding music consumers; a portion of your subscriber fee pays royalties directly to artists. Instead of going after pirates who don't pay a cent, the record labels are attacking the radios used for the enjoyment of music by consumers like you. It's misguided and wrong.

    We will vigorously defend these radios and your right to enjoy them in court and before Congress, and we expect to win.

    Thank you for your support.

    18.5.2006 16:54 #32

  • elric50

    same old s@#$ different day.who will finally take these guys and mainly this woman ,down.this is so rediculous.the artist that are fighting are mega stars already.the poor ones rely on the underground and the internet.and of course downloading.what about podcasts are they going to strike there next?please write your congress man/woman or senator and tell them like anthrax says you want to take the music back.f#$% the RIAA,they will eventually bleed the music industry dry with their unwarrented bulls#@$.

    18.5.2006 16:59 #33

  • christ93

    You stole my thunder homer. :( Being an XM subscriber for a litlle over 3 years and a MYFI owner I love the ability to record something for later playback. This is the RIAA going after our right of Fair Use. Nothing more, nothing less. So that they can get another revenue stream. I think the case will be tossed.

    18.5.2006 17:01 #34

  • christ93

    Just a FYI, the Inno is the second gen of the recordable XM's. The MYFI (first gen) was released a couple of years ago. And let me tell you I have gotten reception from Beleize to Bermuda.

    18.5.2006 17:03 #35

  • homer985

    Here is a statement issued yesterday by the CEA (Consumer Electronics Association). Take close note of the center section comments that the CEA pulled directly out of the Audio Home Recording Act of 1992 -- which this lawsuit clearly violates.

    ~~~~~~~~~~~~~~~

    FOR RELEASE


    "ENOUGH IS ENOUGH!" CEA DECRIES RECORD INDUSTRY LAWSUIT AGAINST XM RADIO
    Record Labels Turn to Courts Once Again to Stifle Innovation, Eliminate Private Home Recording Rights



    Arlington, Virginia 5/17/2006 - The following statement was issued today by Consumer Electronics Association (CEA®) Vice President of Government Affairs Michael Petricone regarding the lawsuit filed yesterday against XM Satellite Radio Holdings Inc. by a group of record labels:

    "Here they go again. The record industry is returning to the courts in their non-stop efforts to stop new technology, neuter existing products, frustrate consumers and make illegal long-standing consumer home recording activities. Their new target is XM Satellite Radio, one of America's top technology success stories of the new millennium. XM's only offense is providing legal and exciting programming options to millions of Americans, while opening new revenue and promotional opportunities for the recording industry.

    "The lawsuit announced yesterday is a brazen effort by the labels to strong-arm more money from a successful technology industry startup. XM Radio already is the largest single payer of digital music broadcast royalties. More, the record labels receive royalties on every XM recording device sold as provided by Congress under the Audio Home Recording Act (AHRA).

    "Through this lawsuit, the record industry is trying to block private, noncommercial recording off the radio-an activity which Americans have enjoyed for decades, has always been considered legal, and in this case has been expressly recognized by Congress, in the AHRA, as protected from lawsuit.

    "The record companies cut a deal, embodied in legislation, which said digital audio recording devices are legal if they do not allow copies of copies. And, throughout their pursuit of the Grokster case, the labels insisted that they had no intention of threatening the sort of in-home, private, noncommercial recording enabled by the devices under question in this suit.

    "The products at issue in this lawsuit do not allow redistribution over the Internet or to any other product. They simply allow consumers to time-shift music they are lawfully receiving through subscription fees - fees that support the royalty payments to the labels. No matter how hard the record labels try to stretch the truth, XM has zero resemblance to the old Napster or other peer-to-peer file sharing services.

    "The recording industry seems to have developed amnesia about the AHRA into which we and they had substantial input. Under this law, there is no doubt that the satellite recorders at issue in this lawsuit are legal. Specifically, the AHRA says:



    'No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.'



    "The lawsuit is yet another ambush in the labels' ongoing war on innovators and consumers. In addition to this lawsuit, the industry is pushing the PERFORM Act in Congress. This legislation would raise royalties and impose new technology mandates on satellite radio. We urge Congress to refrain from acting on this and any related legislation pending an outcome of this lawsuit in the Courts.

    "It is time to say 'enough is enough.' It is time to put an end to ill-founded lawsuits and over-reaching legislation that effectively impose an 'innovation tax' on consumers and technology developers. These ongoing efforts discourage innovation and jeopardize America's global technology leadership.

    "If only the music industry spent as much time adopting new business models as they do filing lawsuits and aggressively lobbying for anti-consumer, anti-technology changes in the law, they might find they can actually expand their market.

    "This lawsuit undermines our efforts to work with the recording industry to seek inter-industry cooperation on digital technology issues. On behalf of American consumers and technology innovators, we look forward to standing with XM as it defends this lawsuit. The consumer technology industry will continue to take a strong stand against persistent, punitive, obnoxious and over-reaching efforts by the record labels to control innovation and limit reasonable consumer activities."


    About CEA:
    The Consumer Electronics Association (CEA) is the preeminent trade association promoting growth in the consumer technology industry through technology policy, events, research, promotion and the fostering of business and strategic relationships. CEA represents more than 2,100 corporate members involved in the design, development, manufacturing, distribution and integration of audio, video, mobile electronics, wireless and landline communications, information technology, home networking, multimedia and accessory products, as well as related services that are sold through consumer channels. Combined, CEA's members account for more than $125 billion in annual sales. CEA's resources are available online at www.CE.org, the definitive source for information about the consumer electronics industry.

    CEA also sponsors and manages the International CES - Defining Tomorrow's Technology. All profits from CES are reinvested into industry services, including technical training and education, industry promotion, engineering standards development, market research and legislative advocacy.

    http://www.ce.org/Press/CurrentNews/press_release_detail.asp?id=11031

    18.5.2006 17:13 #36

  • sammorris

    Well that's the detail we're looking for!

    19.5.2006 00:08 #37

  • Lethal_B

    They are driven by greed.. *sigh*

    19.5.2006 00:12 #38

  • sisph

    Wow. What's next? The RIAA sues itself for not making enough money?

    19.5.2006 01:28 #39

  • BIGTOXY69

    Way back when the Roman emeperor Constantine Had a vision ! He saw a Cross in the sky and heard a Mighty Voice say " In this sign shall you Conquer!" He interpetted the voice to be God's and made Christianity the Approved State religion of What then became the Holy Roman Empire !As Captain Picard would have said " He made it so!" Interestingly enough Constantine Never actaully became a Christian Himself !What if anything does this history lesson have to do with the RIAA & The Entertainment Biz as iy were ? Well mainly its an allegory! For many years later The Suits down at Corporate Saw a sign as well ! And lo' they heard a mighty voice too ! Saying" In this sign shall you conquer $ " And they have been trying too ever since ! Using their logic /reasoning for this lawsuit why don't they sue every internet radio station that ever existed ? Because with any of several inexpensive programs one can record online stations or anyrhing else passing through the souncard and export it to a portable player or Even Horror of horrors ! Burn it to a CDE ! Gasp !!! But do you think they'd sue bill Gates too? While they're at maybe they should sue Al Gore for inventing the internet ! LOL! Ne honest it's not about Art or Artist rights to be "PAID " for their works & talent ! It's all about the Benjamins as the young ones say ! A money grab pure and simple ! and every time a new technology comes along it's costing them Money so Let's sue somebody ! I say **** 'em and feed fisheads!

    19.5.2006 01:49 #40

  • punx777

    i think i should go buy one of these im protest, and why is it XM's fault, why not pioneer's?

    19.5.2006 04:20 #41

  • Skitzy

    I don't think I'll ever buy another cd again...

    19.5.2006 05:52 #42

  • backupguy

    so if this is so illegal then why do we get radio enabled phones that can record and do the exact same thing?

    19.5.2006 06:54 #43

  • flyingv

    Give it time. I'm sure that someone has already come up with it and it'll be out soon enough!!! LOL!!!

    19.5.2006 07:21 #44

  • christ93

    XM is not bowing to the will of the RIAA as Sirius did. This is their punishment. My friend have wondered why I have not bought a commerical CD is the last 4 years. In that same time I have bought 2 indie band CD's. When is the RIAA gonna wake up and smell the burning toast and realize this is the 21st century. New distribution models...

    19.5.2006 10:39 #45

  • DVDdoug

    Quote:But if they've no affiliation with the government, how can they emplace laws over the whole world? I don't quite understand that. 1 - They lobby congress to pass laws they like.
    2 - They $upport candidates the share their goals.
    3 - They search for copyright infringement, and report it to the Feds when the find it.
    4 - They use copyright laws in civil court to support their lawsuits. For example, I know of an author who was surprised to see his books on sale at Wal Mart. He was even more surprised to see that they were published by an unknown offshore publisher. He couldn’t call the cops, but the copyright laws give him the right to sue for damages in civil (not criminal) court.

    The thousands of downloaders and file- sharers have NOT been charged with crimes. They are simply being sued. In the USA, anybody can sue anyone for any reason, and you don’t have to show ANY evidence first!!! They might loose, and the case might get “thrown-out” if it’s meritless. But, not before you go before a judge and explain why the case is meritless. You can counter-sue if someone is harassing you by taking you to court for no reason, but those cases are often thrown-out too!

    A criminal case is different. There has to be SOME evidence presented BEFORE charges are filed.

    I think a few “big fish” have been charged with crimes, and if I remember correctly, the MPAA was involved in a case where someone went to jail.

    19.5.2006 12:37 #46

  • actech

    I use my mp3 player to record the radio, they have a show where they play a cd at midnight on sundays and i record it. Then I edit out the commercials with audacity, then record it to disk ,ha a big f-bomb to you RIAA.

    19.5.2006 15:03 #47

  • sammorris

    I don't remember that!

    19.5.2006 15:08 #48

  • NINVIN21

    RIAA=RETARDS

    Its not illegal to sell or own,
    Its just illegel to use it.

    I mean come on they sell crack pipes at the getty mart.

    (sorry I didnt have time to read all the comments yet)

    19.5.2006 16:42 #49

  • Cinnjerm

    "We still would have to rent, or borrow a true copy. "-

    I see your point, but not necessarily. Not anymore anyway.

    "The sad thing about the MUSIC bussiness is just that ! It's not about the Music just bussiness !"-

    Truer words have never been spoken.

    "how can they emplace laws over the whole world?"-

    They cant and they dont, just the U.S. ;hence the Recording Industry Association of AMERICA.

    Honestly, i feel until the industry starts to produce better music and sell at reasonable prices, they shouldnt have anything to say. I dont know why they're so worried anyway, they're still rich. As long as the artists have fans, there will be people buying records. Like i and someone else earlier said, they need to focus more on the music side of things and less on making money. And importantly, if wack music is being made, people need to make sure it doesnt sell to stimulate a shift to more creativity. Too many people are supporting half-ass music now-a-days. I mean, as much as i like Hiphop( in particular), 90 percent of what is being sold had no buisness being on shelves in the first place.

    19.5.2006 18:32 #50

  • whoozhe

    As long as there are greedy lawyers and the good Ol' USA embrace them and their bloody law suits this sort of rubbish will never end.
    It is getting to the stage where law suits bring in more income that a product.
    The US hypocracy is laughable. Free enterprise, inovation and genuine creation falls way behind the fast money track of a law suit.
    To hell with them. I'll find a quiet beach and play my banjo.

    19.5.2006 19:03 #51

  • tystar

    These People are just trying new ways to make money as cd sales are drying up...

    Can someone tell me how the xm radio Pioneer Inno is any different to SKY+ I know one's radio & one's TV but functionalty wise they both do the same thing...

    Yet SKY+ is perfectly legal for recording films and music channels...

    19.5.2006 23:28 #52

  • sammorris

    Yeah funny that about sky+, that'll be the next thing to go. I'm sure I've seen evidence of the RIAA/MPAA or whatever enforcing legislation on countries other than the USA. Does anyone know where?

    20.5.2006 00:34 #53

  • mitch999

    The premise of having a subscription to XM radio should work like this - I paid money to listen to these songs etc and I should be able to listen to them anytime i want, not when some Hollywood fat cat lawyer scum tells me to.It should work like cable or satellite tv with digital recorders, I record stuff and can watch it any time I want. Hollywood should be talking nice to XM about how much of the subscription fee they get for royalties to give to the artists instead of blowing millions of dollars on lawyers who are going to lose anyway.

    20.5.2006 02:57 #54

  • homer985

    >>>Hollywood should be talking nice to XM about how much of the subscription fee they get for royalties to give to the artists instead of blowing millions of dollars on lawyers who are going to lose anyway.




    The RIAA doesn't give any of the money brought in from the XM revenue share to the artists, which is one of the points of contention that XM has. The RIAA claims they're suing for the benefit of the artists, however the artists get none of it. The revenue share to the RIAA goes to the copyright holders -- which is the record companies themselves. The only way the performers/composers get money is via the other revenue shares that XM pays to ASCAP, BMI and SESAC. The system is truly screwed up.

    Currently, XM (and Sirius) pay 1% of their revenues to each -- ASCAP, BMI and SESAC. They also pay another 4% to the RIAA (via SoundExchange). In total, XM pays 7% of their revenues to these groups. Meanwhile, the deal between XM and the RIAA expires this year, and they're negotiating a new deal. XM claims this lawsuit is to initimidate them during these negotiations, because XM is ready and willing to let the negotiations go to binding arbitration through a CARP board... which could hurt the RIAA bad. The RIAA is looking to DOUBLE their revenue share with XM and Sirius -- claiming that they can pay big money for baseball, football and Howard Stern, so why not them. They seem to forget the fact that both companies have 80+ channels that have no music, so they should get ZERO revenue share from those channels. This is all screwed up from top to bottom. The RIAA is backed into a corner and desperate.

    Putting numbers on the revenue shares... according to Bear Stearns estimates... XM is expected to bring in approximately $1.4 BILLION in revenue in 2007. With the RIAA getting the current 4% of that -- that comes to $56 million in money to them... and wanting it to double to over $100 million next year. With XM's increasing sub base (thus revenues) over the next 5-years -- the amount of revenue share the RIAA could bring in from XM alone -- if they get their share increased to 8% -- will bring them approximately $1 billion in payments. Think about that. That's from one company over the next 5 years -- yet they want to stifle these new portable products.

    Total desperation, that could backfire. The artists continue to get screwed out of any of this money -- these companies hold their feet to the fire and force them into contracts that don't allow them any ownership percentage of the recordings, then keep all proceeds. It's really screwed up.

    FYI, I work in the radio business and am a shareholder in XM and Sirius -- and follow them closely.

    20.5.2006 04:22 #55

  • DPensee

    I think it's time for these greedy 800lb gorillas to be neutered by shotgun. Either an Executive Order or a law through Congress needs to be put into effect prohibiting lawsuits which seek to inhibit technology solely protect their markets and industries. Oh, and it wouldn't hurt to shoot a few of the lawyers filings these suits on prime time, either. Think I'm nuts? Read Sun Tzu...

    20.5.2006 07:17 #56

  • ChiefBrdy

    Suing old ladies. Suing people who don't even own computers. Now this. This is a new low. It is so insanely stupid that even the RIAA must be going "Damn, did we actually do this???" And it's probably the best thing they could have done for us consumers. I wouldn't be surprised if some new laws are written to prevent this kind of nonsense. Much like the ones where you can no longer sue McDonalds because you're fat.

    If the RIAA had any credibility before (and I emphasize the word IF) it is totally gone now. The backlash from this will likely turn the RIAA into the recording industry joke even to the proponents and the artists.

    RIAA, you might consider renting a power washer. That's the only thing that's going to clean the massive amounts of egg on your face.

    20.5.2006 07:59 #57

  • ChiefBrdy

    Curious.

    RIAA's total cost of lawsuits VS. total amount received VS. cost of reputation.

    I bet the numbers would indicate that the RIAA is batting 1000 in the loss dept.

    20.5.2006 08:07 #58

  • sammorris

    Quote:RIAA, you might consider renting a power washer. That's the only thing that's going to clean the massive amounts of egg on your face.The great thing about that is that that'd rip skin off the face. That'd go down quite well in my books!

    20.5.2006 08:31 #59

  • elric50

    i just saw a article on the front page of a circuit city sale paper with the inno in bright color for sale at 399.98 to hell with the RIAA you go circuit city even if you are trying to liquidate stock before the RIAA wins if they win maybe you can get it in the hands of one million people.come on RIAA got the money to sue one million people?

    20.5.2006 12:07 #60

  • sammorris

    I know, some RIAA lawsuits are outrageous, this one's just hilarious.

    20.5.2006 12:12 #61

  • borhan9

    Here is yet another RIAA story that we have to post on aD and inform people about.

    What I would like to see is a week or a month when they do not make the headlines at all.

    Although it may be a new article the basis of the articles are all the same. The RIAA are vulchers and just eat anone in their way.

    How do people that work for the RIAA sleep at night...

    20.5.2006 13:44 #62

  • flyingv

    These guys, RIAA , are just stupid!!! I think they lay around at night and think about new ways tho make our lives miserable!!! Where do they get all the money to follow thru with these lawsuits??? I couldn't live with myself if this was my job!!! I would rather flip burgers than know that I was responsable for the destruction of people who are just trying to make an honest living!!! All people want is to record some music, we've been doing it for 30+ years in one way or another. PLEASE RIAA, let it go!!!

    "...Just another brick in the wall" -Pink Floyd.
    Please, don't become another "Brick!!!"
    If you have a brain, think -use it!!!
    ...and justice for all!

    20.5.2006 14:24 #63

  • sammorris

    They get the money by suing people!




    3000+, MS-6775, WD2500x2, DM+8, Muse 5.1 DVD, G90F+, T3000 2.1, MC-70, 751B, Silverline, X800Pro, Type-R 480W, GSA-4163B, SF-464T2-S

    20.5.2006 14:28 #64

  • flyingv

    Good point!!! Unfortunately it hurts us small guys. It is evident that they don't care who gets hurt doing so!!! LOL!!!

    "...Just another brick in the wall" -Pink Floyd.
    Please, don't become another "Brick!!!"
    If you have a brain, think -use it!!!
    ...and justice for all!

    20.5.2006 14:40 #65

  • sammorris

    And don't we know it!




    3000+, MS-6775, WD2500x2, DM+8, Muse 5.1 DVD, G90F+, T3000 2.1, MC-70, 751B, Silverline, X800Pro, Type-R 480W, GSA-4163B, SF-464T2-S

    20.5.2006 14:41 #66

  • Tashammer

    Imagine in 10 years time RIAA & MPAA have been successful all around the world - no music no films, no business, just silence. What will the lawyers do for a living then?

    What happens when the individual movie companies and record companies finally realize that RIAA et al have put them out of business?

    Of course, it will never happen, i just wanted to share a happy moment.

    20.5.2006 17:10 #67

  • Lv426

    "The suit claims that users who have the device and subscibe to the $12.95-a-month service would no longer need to purchase digital music."

    Uhhhh RIAA if your listening we dont need to "purchase" digital music anyway...ahh the wonders of technology :P This lawsuit is another joke and frankly im fed up with reading about these narrow minded pigs, who claim to protect "the artists rights".
    Pfff what a joke your ptotecting your own $$$ streams.

    20.5.2006 17:30 #68

  • ZippyDSM

    wait...wait...wait....the RIAA is sueing becuse people can record from thier didtal radio??
    all I have to say is WTF..................

    21.5.2006 05:12 #69

  • Lethal_B

    One day, the RIAA will lose.. How soon that is, however, remains to be seen..

    21.5.2006 17:34 #70

  • jziman

    I dont know about you but on the xm sight they are giving a INNO away every week. Since I cannot afford one I am hoping to win or save my pennies and buy one. Yeah I know i am a optimist. Just remember the beer is 1/2 full.

    9.6.2006 11:48 #71

  • Spoilage

    $150,000 per song? Am I reading that right? Thats is absurd.
    I don't care if the music industry makes 2 cents.
    There is nothing stopping a subscriber form recording music by connecting their Satellite radio to any external recording device including a PC.
    BTW I subscribe to SIRIUS Satellite Radio and can record hours and hours of music on my computer if I choose. And I feel no guilt in doing it because SIRIUS pays these assholes for me threw my subscription fees.

    5.7.2006 16:15 #72

  • hot_ice

    The RIAA will not lose, they have too much backing, and if they lose, some other creative group will take their place.

    6.7.2006 11:56 #73

  • DPensee

    The assumption that the case is decided beforehand simply because the plaintiff is an belligerent 800lb gorilla with bad breath and crooked teeth is WRONG! If enough satellite subscribers join together and petition the court, the RIAA can get their arrogant asses collectively kicked into next week!

    Dexter Pensee
    "Thought Before Action"

    6.7.2006 16:57 #74

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