# XM on Recording Biz Suit: We Will Make Case in Court



## Chris Blount (Jun 22, 2001)

XM on Recording Biz Suit: We Will Make Case in Court

Last week, a federal court denied a motion filed by XM Satellite Radio that asked for dismissal of a lawsuit filed against the company by the recording industry concerning XM's Inno device.

The next step for the company: "We look forward to making our case in court," XM said in a statement released Friday.

At issue in the recording industry lawsuit is whether the portable Inno device, which has capabilities to store music, infringes on copyrights. In refusing to toss out the lawsuit, the judge said that record companies' consent to XM's use of their copyrighted material was solely for the purposes of providing a digital satellite broadcasting service.

"XM remains confident that the lawsuit filed by the record industry is without merit and that we will 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," the company said.

http://www.skyreport.com (Used with permission)


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## Chris Blount (Jun 22, 2001)

Dang recording industry. I payed a a lot of money for the Inno and if they take away the recording capability, I will not be happy.


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## jodavis (Jan 9, 2007)

When did the courts forget about the fact that the public owns the airwaves. If you broadcast something over the air it becomes public domain and can be used in any way anyone wants. The only way you can protect it is by encrypting it and then patenting the decryption system. Then you can get people on patent infringement if they decode the signal. Once it is decoded though it is fair game. That is they same reason they cant do anything to people who put .mp3s out that they made from FM broadcasts.


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## machavez00 (Nov 2, 2006)

:soapbox: 
They way I understand it, the Samsung and Pioneer units cannot pull XM songs onto a PC, you can only load MP3s from your PC to the Inno. The receivers were designed to comply with the home recording act. What is to stop me from using my home dock, connect it to my Mac and dump songs off my Delphi MyFi? The :bowdown: RIAA is just trying to squeeze more money from us. A large portion of my subscription fee goes to paying for ASCAP/BMI/RIAA fees. They are being greedy and are going to kill the goose that laid the golden egg. This the same garbage they pull when they double and triple dip on juke boxes etc. The juke box owner pays when they buy the cd. You pay when you drop money to play the song, a portion goes to A*/B*/R*. The bar owner has to pay for the "privilege" of having music in their bar, or get sued, which has happened several times here in Phoenix. One bar was sued because they had a RADIO playing an FM station. This why many businesses have Muzak service or XM for business (more money for RIAA et al). The bottom line is greed. They want more money from XM. I believe once the facts come out in court XM will win.


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## La Push Commercial Codman (Jan 5, 2007)

National Association of Broadcasters was behind this issue, over Recording Industry planning to sue. If were able to dicipher the Home Recording Act. Maybe we would be able to understand it. The only one's who can understand it more, would be a judge, since it's numbers, instead of worded fraze.. Maybe, xm should patent the recording device, like TIVO did with there DVR..


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## Chris Blount (Jun 22, 2001)

machavez00 said:


> They way I understand it, the Samsung and Pioneer units cannot pull XM songs onto a PC, you can only load MP3s from your PC to the Inno. The receivers were designed to comply with the home recording act. What is to stop me from using my home dock, connect it to my Mac and dump songs off my Delphi MyFi?


I know what you mean. It's such a joke. One of the reasons why I purchased the Inno was so I can use it as a "DVR" of sorts while at work. I record stuff at night and listen to it during the day since I can't receive live XM signals at work. How dare the recording industry automatically label me as a thief.


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## machavez00 (Nov 2, 2006)

Chris Blount said:


> I know what you mean. It's such a joke. One of the reasons why I purchased the Inno was so I can use it as a "DVR" of sorts while at work. I record stuff at night and listen to it during the day since I can't receive live XM signals at work. How dare the recording industry automatically label me as a thief.


I also use is time shift shows. I recorded Coast to Coast am when there was a topic I was interested in and listen at work the next morning. I can't do that anymore since my company no longer allows us to listen to music at work. Any way it seems that XM is not going to bend over like Sirius did.


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## La Push Commercial Codman (Jan 5, 2007)

The satellite radio protection act protects from what local media, and local community churches do. You won't loose your xm, but if a violation is there, then R.I.A.A. has something. I paid $359.00 bucks for my xm2go, and Chris paid more then I did, I bet. Since Recording Industry is so retarded and dumb founded, You won't stop people from recording there music from xm or sirius on your own mp3's. Since R.I.A.A. wants to use u.s. congresses bill The Home recording act, Bill 1 audio, I geuss we will soon be out. And 2 video. Again maybe why, get a patent, or be sued. All this will be in the hands of a judge, and for 50 years people have recorded music and video. R.I.A.A. should shutup and go back to there fricken office, there wasting tax payer dollars..:rant:


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## Steve Mehs (Mar 21, 2002)

You know I was really thinking about repurchasing all of my downloaded MP3s from iTunes, but now that I read about crap like this, scew the RIAA, my iPod will remain filled with pirated tunes.


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## La Push Commercial Codman (Jan 5, 2007)

The audio home recording act was set forth. The ones to be sued were Sony and Phillips, for there Compact disc recorder, mini disc recorder, and DAT. The Recording Industry is planning to file lawsuits on MP3'S MAKERS AND computer cd burners. Thanks to congress, new legislation will mean more and those in violation got off lucky.. Judge heard the case and stiff fines were handed down. R.I.A.A. also ask, if existing home owners have these digital devices, no can do. Ofcourse I have two cd burners, but by all means for 14 years congress has tried to pass legislation, with Digital Millenium Copyright Act, a yearly thing, and perhaps in 2007, they will.

When R.I.A.A. got in touch with M.P.A.A., there was a decision for them to file a lawsuit Sony, Phillips, for the DVD recorder. This would not interfer, should they be sued, by the time congress passes anymore of there legislative bill, will see. bring up the home use of digital hard-drive. If they want this to be all illegal, then anticipate by the 2010 year or 2012 year. Meaning, you want to record that favorite movie in hd, you can't enless you have a old anolog. 

These lawsuits have hurt Sony, Phillips, and digital devices. XM satellite radio maybe next on the list. I you know can live without recorded music, but my local Circuit City doesn't have much good since, lawsuits have been electronics problems, But it seems redicilous for R.I.A.A. to harras xm on there Inno, Knowing record companies have gotten enough money from xm radio. The next thing, I notice on my bill is a price increase, on xm radio.. Thanks too a massive possible lawsuit.

Congress, will revise there bills and add some things. The key to M.P.A.A. is they want me to catch the 11:00 PM news, which I will say the hell with them..


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## djlong (Jul 8, 2002)

Remember, we're talking about an industry that hired a legislator to lie for them in hearings. I forget who it was who testified before a Congressional panel on the subject (over a year ago) but the person said she instructed a device to "download all songs by Elvis Presley" - when no such device existed.


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## La Push Commercial Codman (Jan 5, 2007)

I believe court cases take several weeks, since the dumb founded Recording Industry, just for federal judge to use congress to apply punishment to satrad. We see no proof of that and if there was, R.I.A.A has it case. They find xm guilty of it. A docket number was also applied to Sirius satellite radio, by R.I.A.A., and I bet Sirius get punished too, if xm is guilty..

The Recording Industry said there purpose is to protect the record industry and video industry. Recording Industry will be making plans to take the DVR giant to court TIVO.. All it take is the act of congress, giving authority. Will See. it's all about audio-video recording.


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## Steve Mehs (Mar 21, 2002)

So when with the RIAA go after this? Oh yeah they won't since it's terrestrial radio and the alphabet idiots like terrestrial radio.


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## Staszek (Nov 13, 2006)

My knowledge on this is all a bit basic so please correct my mistakes.

How is this any different then when people had either a cassette recorder at home or a walkman with a cassette recorder?

To me its the same thing just different medium for recording.

Sure its easier to do now with better quality then with a tape but come on its not new.


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## alv (Aug 13, 2002)

I was D* would activate time shifting on HR20 for XM. Maybe after RIAA loses this suit.


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