One form of Digital radio that is gaining popularity in the US is XM Satellite Radio. An XM radio will function so long as the listener has a subscription, a clear view of the sky and is within the satellite's footprint. One XM listener Scott MacLean was unhappy to find some of his favourite broadcasts running over night, so to over come this he developed software known as TimeTrax, which is effectively a TiVo equivalent for XM Satellite radio. As another source of income, he also decided to start selling his software. Like a TiVo PVR, this automatically records selected broadcasts or continuous recording and automatically splits each programme into individual MP3 tracks as well as tags them with the broadcast programme information provided.
Not only does this allow one to record specific broadcasts such as concerts, but can be left unattended continuously recording music such as overnight or while away on a holiday. This can quickly build up a vast MP3 library without ever touching a CD let alone accessing the Internet. The RIAA is concerned with this software since the songs collected are not locked in any way and could easily be shared out over the Internet. As a result, the RIAA is now working with XM to find out if the software is breaching copyright laws or user agreements.
So far, over 2,400 XM listeners have downloaded the software including 400 who purchased the full version currently priced at $ 29.99 (up from $ 19.95 recently). The software only works with a PC based XM receiver. XM is now trying to find a way to shut-down the software as it may affect ability to improve its service later on. XM's lawyers have asked MacLean to stop selling it and hand XM its list of customers who purchased the software, although so far he has no intention of complying and denies having any customer list.
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Then MacLean started selling the software, putting him in the thick of a potential legal battle pitting technically savvy fans against a company protecting its alliance--and licensing agreements--with the music industry. MacLean says he is simply seeking to make XM Radio--the largest U.S. satellite radio service with over 2.1 million members paying a month for about 120 channels--a little more user-friendly. "The larger issue here is they came out with one lock and another creative person goes out to create a key," said Michael McGuire, an analyst at technology research firm Gartner. "It's very hard for policy and copyright law to keep up with the pace of technological change." A spokesman for the Recording Industry Association of America said his organization had not reviewed the software, but said that in principle it was disturbed by the idea. "We remain concerned about any devices or software that permit listeners to transform a broadcast into a music library," RIAA spokesman Jonathan Lamy said. The RIAA and XM are both busy figuring out if any copyright laws and user agreements have been broken. Read the full article here. |
Unlike P2P tools, TimeTrax does not require an Internet connection, let alone someone else sharing songs for it to become useful. As a result, the RIAA cannot simply try tracing to see who is using the software or what sort of collection a user has. As XM runs the satellite service, only they can find a way to block this software although possibly at the cost of affecting existing XM receiving equipment.
What makes matters worse for the music industry is that this software is probably just as legal as a TiVo or any household radio cassette recorder if it does not violate XM's user agreement. The only difference is that this software works with XM's satellite radio as opposed to AM/FM analogue radio and also automatically splits and titles recordings into individual files. While XM may be able to legally battle or block the use of the software, the music industry has little control apart from hope its Induce Act becomes law. 😉
Source: CNET News - Music
