# Did the XMPCR open a big can of worms?



## Scott Greczkowski (Mar 21, 2002)

I am a happy XM PCR owner.

(Dont know what a XM PCR is then Click Here for the XM PCR Site)

I think that the PCR is a REALLY good product but I believe it opened a can of worms that XM did not really want to open.

If you have been checking out XMFan.COM a number of people have made XM PCR software (including the XM Tracker which is made by Ryan Morris the owner of XMFan.COM)

Others have made modifications to their PCR to add a Digital Output to their units.

But the big can of worms that is now open is the XM PCR makes it easy for owners to record or stream XM's audio.

In XM's Customer Agreement it states...


> b) Use Limitations.
> We provide the Service only for your personal, non-commercial enjoyment. You may not reproduce, rebroadcast, or otherwise transmit the programming, record the programming, charge admission for listening to the programming, or distribute play lists of the programming.


 which prohibits you from recording and or rebroadcasting your XM signal.

I currently have 5 XM Radios, usually only 2 are in use at any one time. I have been thinking of canceling 2 or 3 of my radios in favor of using the streaming approach. My feeling is that if I am doing it for my own private use then no harm no foul.

I have contacted one of the communications lawyers at my office and asked them if it were legal for me to do and was told yes because of fair use and DMCA laws. I was told that while XM had the no recording / rebroadcasting clause in their agreement it was uninforcable as long as I was doing it for my own private use.

I know the talk of people setting up streaming servers has come up on XMFan before, and a few people have mentioned that they were contacted by XM and advised against it, because of this I have held off setting up a shoutcast server so that I can listen to my XM no matter which computer I am sitting at.

I really think of it as having my computer downstairs but am turning up the volume really loud so I can hear it up stairs, ultimately what is the difference of doing that or streaming it to my computer upstairs? (again I am the only one listening to it)

My question is what are your thoughts on this? Folks from XM are welcome to comment on this. Did the PCR open a can of worms that XM did not want to open?

I look forward to your opinions.


----------



## platinum (Oct 28, 2002)

Wow that is cool stuff, I'm thinking of getting it, how is the service Scott? Would you recommend it.


----------



## Scott Greczkowski (Mar 21, 2002)

I would recommend it without hessitation!! 

The service from XM is $9.95 a month each additional radio is $6.95 (for up to 4 additional radios)

I know a few of the DBSTalk staff (Chris and John) have gotten XM after hearing me RAVE about it. Maybe they can post their thoughts on it (or anyone else for that matter)


----------



## Scott Greczkowski (Mar 21, 2002)

I would love to hear your opinion on this topic.


----------



## platinum (Oct 28, 2002)

is it possible to record the songs to cd?


----------



## Scott Greczkowski (Mar 21, 2002)

Yes it is, the XM PC i just a line level output. You can plug it into your stereo, your tape record, your line input in your computers soundcard or even directly to Powered PC Speakers.

But again doing this is against the user agreement with XM which says you are not allowed to record from their service.

Isn't recording free use for you own use?


----------

