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Music Media Software

TiVo-like Application for XM Radio Under Fire 415

Strudelkugel writes "USA Today reports: 'Catching Blondie's reunion tour broadcast at 4 in the morning wasn't an option for XM satellite radio subscriber and single father Scott MacLean. "I was missing concerts that were being broadcasted when I was asleep or out," he said. So the 35-year-old computer programmer from Ottawa, Ontario, wrote a piece of software that let him record the show directly onto his PC hard drive while he snoozed.' As expected, the lawyers are coming out. Seems like a good idea, though. This capability might actually entice me to get an XM radio."
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TiVo-like Application for XM Radio Under Fire

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  • by Mr2001 ( 90979 ) on Thursday August 26, 2004 @11:18PM (#10084998) Homepage Journal

    Sirius [sirius.com] has better sound quality anyway, plus free online streaming (at reduced quality) and exclusive NFL coverage.

    You could even make a similar setup with a standalone Sirius tuner, if you don't mind a little hacking (and I know you don't, Slashdotters...). Just get any Sirius receiver, attach its line out and an IR transmitter to your PC, and change the station with infrared. Cake!

  • by DrRobert ( 179090 ) * <`rgbuice' `at' `mac.com'> on Thursday August 26, 2004 @11:19PM (#10085002) Homepage
    with a line in to the mac and AudioHijack Pro. You set a time and it records. I'm sure you don't need to write your own special software.
  • by havaloc ( 50551 ) * on Thursday August 26, 2004 @11:20PM (#10085008) Homepage
    Rumor was that the new SkyFi 2 [xm411.com] was going to have USB connectivity built into the home cradles to provide XMPCR [xmradio.com] functionality. Now though, it seems like this will go away, which is a real shame. Also, the USAtoday article says that the most of the current radios cannot be hooked up to the computer, which is just wrong. Anything you can hear, can be recorded.
    My question is, it seems pretty obvious to me that someone was going to do this, so why release the PCR at all? My guess is that they didn't want to offer online streaming like Sirius [sirius.com] and wanted to pick up extra subscriptions for PCRs. Look what that got them. In any case, XM has a neat product and is doing well.
  • Missing adjective (Score:3, Informative)

    by n3bulous ( 72591 ) on Thursday August 26, 2004 @11:22PM (#10085017)
    "The user can leave the software running unattended for hours and amass a vast library of songs."

    Please insert "crappy" before "songs". I've had XM for a year and it's rare to hear two worthwhile songs back to back on any station. They seem to focus on "deep tracks", defined to be the stuff fans of the band don't even like.

    After a few hours of listening to my friend's Sirius, I regretted choosing XM, and only chose XM because they seemed to have the subscriber numbers to last long term.

  • by qubezz ( 520511 ) on Thursday August 26, 2004 @11:22PM (#10085019)
    It also looks like Slashdot is a little behind on this news, it's been discussed since Tuesday on the XM developer's forum http://www.xmfan.com/viewtopic.php?t=27670 [xmfan.com].

    One interesting post by the developer indicates that he has purged purchaser's personal information from his database:

    As there has been some concern about contact information held by me, I have changed my database so that the only information stored is the issued key number. Email addresses and any other identifying information about purchasers is discarded immediately after the credit card validation process has completed.
    The key number is derived from a one-way hash using your radio ID and some other internal information. It will work only with your radio, however no information (including the radio ID) can be derived from it.
  • Terms of Service (Score:1, Informative)

    by Anonymous Coward on Thursday August 26, 2004 @11:22PM (#10085021)
    I think everyone is missing the obvious here... recording the service is against the Terms of Service that everyone agrees to when they sign up for XM.
  • by LostCluster ( 625375 ) * on Thursday August 26, 2004 @11:29PM (#10085054)
    A: They can't legally sell the XM service into Canada because their channels don't have anywhere close to meeting the CanCon the CRTC would impose on them. They'll likely never even bother to seek permission.

    B: XM's satellite signals are aimed towards the USA because, well, nearly all signal they send outside of the US borders would be a total waste of energy. They could legally paint all of Canada with signal with a broad beam that also hits part of the USA thanks to the "we'll tolerate each other's signal splashes" deal between the nations, but since they'll never be allowed to openly sell up there, they might as well direct their signal to where paying customers actually will be.
  • by tkrotchko ( 124118 ) * on Thursday August 26, 2004 @11:31PM (#10085062) Homepage
    It hardly seems worth it; I have Sirius, and despite fanatics from both XM and Sirius, the sound is not even close to CD quality. Its better than FM in dynamic range, but inferior to FM because it suffers from a signficant amount of digital artifacts.

    These are not important in a car, but don't stand up to any kind of critical listening.

    Its a tempest in a teapot.
  • by LostCluster ( 625375 ) * on Thursday August 26, 2004 @11:34PM (#10085074)
    It sounds like Dish Network is willing to travel into a legal uncharted area that DirecTV and TiVo aren't willing to test. You can't pause any of DirecTV's Music Choice offerings with a DirecTiVo unit. There's a well documented work-around to record the music channels by typing a channel name into a auto-recording wish-list, but directly hitting the record button leads to an error message saying that the recording feature is not available "at this time"... hinting that it's a block TiVo could very easily lift if the legal environment makes it clear that it's safe to do so.
  • Re:A few bits.... (Score:4, Informative)

    by grub ( 11606 ) <slashdot@grub.net> on Thursday August 26, 2004 @11:34PM (#10085075) Homepage Journal

    the Recording Industry Association of America said his organization had not reviewed the software

    Interestingly, the programmer is from Ottawa, Ontario, Canada. Out of the RIAA's jurisdiction.
  • Re:Easy. (Score:3, Informative)

    by quacking duck ( 607555 ) on Thursday August 26, 2004 @11:35PM (#10085080)
    Funny thing though--he lives in Ottawa, Ontario, Canada. U.S. legislation has no bearing on this, barring political pressure to "harmonize" our respective copyright laws (Canada's are a bit more sane for the time being).
  • Read the TOS... (Score:2, Informative)

    by kcb93x ( 562075 ) <kcbnac@MONETbnac.biz minus painter> on Friday August 27, 2004 @12:07AM (#10085238) Homepage
    <a href="http://www.xmradio.com/get_xm/customer_servi ce.html">http://www.xmradio.com/get_xm/customer_se rvice.html</a>

    Section b:
    "b) Use Limitations.
    You may not reproduce, rebroadcast, or otherwise transmit the programming, <i>record the programming</i>, charge admission specifically for the purpose of listening to the programming...." (Emphasis mine)

    So, it's against the Terms Of Service of the subscriber...thus, the reason legal action is probably going to be taken...
  • by dmanny ( 573844 ) on Friday August 27, 2004 @12:07AM (#10085242)
    A quick google search for the xmradio with the quoted two words "chance patterson" yielded as the first hit:

    About Us - Press Room - Login ... Please call Jennifer Markham (202) 380-4315. Contact Information. Press Contact: Chance Patterson, VP Corporate Affairs chance.patterson@xmradio.com [mailto]. ... www.xmradio.com/newsroom/ - 15k - Cached - Similar pages

    Hell, even Tivo is more enlightened than this.

    Let them know what you think....

  • Re:No such law (Score:4, Informative)

    by jmorris42 ( 1458 ) * <jmorris&beau,org> on Friday August 27, 2004 @12:16AM (#10085278)
    Just remember that sometimes good does triumph over evil. Someday, if we have the will to keep on fighting we will beat the DMCA and the RIAA as well. They have the money but we outnumber them. Wasn't it Stalin that said that Quantity has a Quality of its own? Of course our side happens to have the quality advantage as well when it comes to having more bright folks who can reverse engineer whatever crap they throw at us next.

    But to fight them long term we have to make the politicians who give us crap like the DMCA fear us more than they want to make the MPAA/RIAA happy. As things stand BOTH major political power structures are against us. The Democrats supported DMCA, the Sonny Bono extension, etc because they depend on cold cash from the Hollywood left. The Republicans went right along because they like busineses like Time Warner and News Corp and the cash they pony up. Neither sees us as either a voting or donor block important enough to bother listening to.
  • Re:Bleh (Score:4, Informative)

    by scottj ( 7200 ) on Friday August 27, 2004 @12:46AM (#10085435) Homepage Journal
    What really doesn't make sense about this is that I have hardware that does this already. DISH Network broadcasts Sirius satellite radio along with all of the other music channels. And there's no problem with recording it on my DISH PVR. So I suppose XM is probably just upset because they didn't think of it first.
  • by Alsee ( 515537 ) on Friday August 27, 2004 @12:56AM (#10085489) Homepage
    unless the entire premise of Sony vs Universal is overturned by another supreme court ruling (which would be a travesty)

    I agree it would be a travesty, but there is a very real risk of it happening. There are quite a few people who want to do exactly that, including several congressmen and even the head of the US copyright office. Sickening.

    -
  • Re:A few bits.... (Score:5, Informative)

    by kidlinux ( 2550 ) <<duke> <at> <spacebox.net>> on Friday August 27, 2004 @12:57AM (#10085494) Homepage
    You're right. We don't have the RIAA in Canada. Instead, we've got the CRIA! (Canadian Recording Industry Association [www.cria.ca])

    I'm sure they'd love to sue the pants off Scott MacLean too, fortunately our judicial system is a little more sane.

    The stuff the RIAA gets away with in the US just wouldn't fly in Canada.
  • by Roxus ( 4980 ) on Friday August 27, 2004 @01:01AM (#10085514)
    Co-incidentally, I was just up in the Yukon with my XM Radio on my motorcycle, participating in this years AlCan 5000 until I broke my foot, and I was able to receive reception as far north as 140 miles along the Campbell Highway, north of Watson Lake.

    I took some pictures of the receiver along the way...

    http://alcan5000.alaynaworks.com/XM%20Radio%20To ur /
  • XM in Canada? (Score:3, Informative)

    by POTSandPANS ( 781918 ) on Friday August 27, 2004 @02:08AM (#10085773)
    HEY! you can't have XM radio here in Canada! Seems people are more concerned about the recording software then they are about this guy using American sat. service in Canada. Apparantly, even paid subscription to American satellite service in Canada is illegal.

    (And no, that's not an XM antenna on the roof of my car... :P )

    I think there is actually a mod out there to add either a coaxial or optical connector to your XM, though i think someone might have already posted about that...

  • by smashin234 ( 555465 ) on Friday August 27, 2004 @02:35AM (#10085848) Journal
    The DMCA contradicts itself, which is why companies have had some success on eroding fair usage. In this case XM MIGHT have cause for concern.

    Here are the relevant sections in the dmca.

    Title 17, chapter 12 section 1201 part c section 1 from dmca:
    "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringment including fair use under this title."

    But,
    Section 1201 part b section 1:
    "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that - "

    part B:
    "has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof"

    So, if someone makes a product that say copies a dvd even if its only for fair use, it could be construed as circumventing a technological measure(breaking encryption). Thus it could be said that they can be held liable for copyright infringement.

    Think this is far-fetched? Its already happened. Look at 321 studios and what has happened to their company.

    Now, looking at that example, the question comes down to whether this poor guy broke ANY form of encryption, or broke any technological measure to allow people to achieve fair usage. If he did, then he can be held liable.

    This is what XM is talking about when they say they are looking into the matter. I think its cruddy too, but if they can prove he broke a technological measure, then copying XM will never happen.

    That is unless you code it yourself. You see, everyone still has the right to fair-usage, but no one can sell or distribute tools to allow fair-usage if there is any form of encryption involved.

    Just like breaking DVD encryption, you can do it legally, but you just can't give the software out(legally).

    To me, it seems pointless. The wheel must be reinvented everytime, but what can we do with laws such as the DMCA, which just contradicts itself.
  • by xmaddict82 ( 808736 ) on Friday August 27, 2004 @02:46AM (#10085878)
    Why Wouldn't XM radio love this feature... think about how many people will sign up with hopes to record. XM IS NOT TRYING TO SHUT THIS GUY DOWN... they sent the letter under direction of the RIAA. QUOTE FROM XMFAN.COM: "$20 says XM doesn't give a sh*t. They have to put on the corporate defensive smiley, however. It's the RIAA that would be muscling this. XM isn't gonna fight the RIAA... 70 channels of XM's content depend on them. " Deep down they love the idea, and want people to spend the subscription fee to have XM Radio. But due to fears of the RIAA (on which they rely on A LOT of their programming) and the hell they've already been through from the NAB, they have to remain on their side. If they fought the RIAA, the RIAA would pull their licensing of the music that XM Plays (and they control a LOT of music!), so XM really doesn't have a choice but to "pretend" to be against this device. From a business standpoint, it's great for getting in new subscribers.
  • Re:Uhh...What wins? (Score:4, Informative)

    by kavau ( 554682 ) on Friday August 27, 2004 @02:47AM (#10085881) Homepage
    Canada's copyright laws are quite friendly towards the consumer. For example, it's perfectly legal to borrow CDs from the public library and make personal copies. In this case I would make an educated guess that the company can't just overturn the Fair Use laws by some blurb in the licence agreement.

    Common law always wins over individual licenses.

    Disclaimer: IANAL

  • by jarty ( 165599 ) on Friday August 27, 2004 @04:15AM (#10086157)
    Here in the UK, where we have DAB (Digital Audio Broadcasting), Pure Digital have made a DAB radio called The Bug [thebug.com] which allows you to pause and rewind 'live radio' (sound familiar Tivo fans?) as well as record shows for later enjoyment.

    Nobody's lawyers' seem to be jumping up and down about this over here - I guess it just fits in with 'fair use' rights of broadcast content we tend to enjoy here in the UK!

  • by Babbster ( 107076 ) <aaronbabb&gmail,com> on Friday August 27, 2004 @05:47AM (#10086418) Homepage
    The worst part is, nobody else seems to notice them.

    Yeah, that's awful. It's a damn shame when people are able to enjoy what they buy, especially if YOU think the quality is too shabby for your discerning tastes.

    In the area of digital satellite/cable, unless you're willing to pay through the nose in terms of money and space for a big dish, NTSC MPEG-2 is the best you can get (I consider HDTV a very separate category, especially since it's still not even nearly the majority of available programming). If a few artifacts are the price to be paid for having a couple hundred channels, that's just the way it goes.

    Further, it's not a matter of the "average American" - and, wow, you sure make that seem like an insult - not being able to tell the difference. On a decent TV. I expect most CAN tell the difference between a good DVD and the same content on digital cable/satellite. It's a matter of WHAT IS AVAILABLE and WHAT IS COST-EFFECTIVE. It would be great to have the original, pure NTSC analog signal coming through with no interference, but that's just not practical for the vast majority of TV viewers.

    As a side note, I would mention that part of the artifacting problem is indeed increased MPEG-2 compression, but another part is the fact that the signals are being encoded in real-time. DirecTV, Comcast, Dish Network, etc. don't get all the programming a couple weeks in advance, encode it and then broadcast it on the appropriate days. The signals arrive in their native form from the content providers and are encoded on the fly for distribution (or, for analog cable/VHF/UHF, just retransmitted) within seconds - this is the biggest reason for the very artifacts you describe in busy CG video and jump cuts (Homicide: Life on the Street was very difficult for me to watch on two different Dish Network stations - Lifetime and CourtTV - due to their very liberal use of handheld cameras). The quality of these signals is inevitably going to be lower than DVD quality, and this is magnified when dealing with an NTSC tape source as opposed to the HD masters from which most movie DVDs are derived.

    Of course, if the FCC has their way, eventually there will be no such thing as live TV anywhere and they can put every channel on a five- to ten-minute delay. It would be a shame in free speech terms (I consider all FCC forays into this area direct violations of the 1st amendment, myself) but it would probably allow for better MPEG encoding.

  • Re:laws (Score:3, Informative)

    by Jennifer E. Elaan ( 463827 ) on Friday August 27, 2004 @06:09AM (#10086463) Homepage
    Last time I checked, the ASCAP (Association of Song Composers and Publishers) was in charge of broadcast royalties and rights, not the RIAA. In fact, the RIAA has been campaigning for a long time to get a slice of this very lucrative pie.

    The RIAA has a lot of posturing in this, but no real control.

  • by maidhc ( 795249 ) on Friday August 27, 2004 @06:35AM (#10086544)
    Its just a case of history repeating itself.

    In the UK the 'Red Flag Act' was introduced in 1865. The meant that horseless carriages (read automobile) could only travel at 4mph in the country and 2mph in built up areas. They also had to have 3 'drivers' , 2 in the vehince, and one out from carrying a red flag.

    The Act remained in force until 1896.

  • Re:Bleh (Score:4, Informative)

    by Elvon Livengood ( 654636 ) on Friday August 27, 2004 @09:15AM (#10087356)
    I will RTFA, I will RTFA, I will RTFA...

    But TFA is in USA Today. Who'd think there was any more information than the /. blurb?
  • Re:Bleh (Score:2, Informative)

    by Lowridah ( 807225 ) on Friday August 27, 2004 @09:41AM (#10087627)
    On top of this, you can also record it out the digital out flawlessly. I used to do this regularly with a minidisc player and a toslink cable. You can also rip it to your PC with utilities available on the yahoo group dishrip.
  • Re:Bleh (Score:3, Informative)

    by i_want_you_to_throw_ ( 559379 ) on Friday August 27, 2004 @09:59AM (#10087808) Journal
    You signed some sort of subscriber agreement for your service and it probably gives them power to prohibit you from doing anything they don't want you doing

    I have XM and I didn't sign anything.
  • Re:A few bits.... (Score:3, Informative)

    by iantri ( 687643 ) <iantri&gmx,net> on Friday August 27, 2004 @10:43AM (#10088279) Homepage
    Oh yes you do!

    Yours currently applies to DAT and CD-R Audio [neil.eton.ca] (it was last revised in 1995), and is 3% of the price.

    Ours does not go straight to CRIA's pockets. The fee is collected by the CPCC and is distributed as follows:

    To Eligible Authors 66.0%
    To Eligible Performers 18.9%
    To Eligible Makers 15.1%

    Nice try.

    Meanwhile, we can point and laugh as Americans get sued by the hundreds for sharing music, while our Canadian courts say that CRIA has no right to subscriber contact info.

  • by ZB Mowrey ( 756269 ) on Friday August 27, 2004 @10:59AM (#10088421) Homepage Journal
    There is no way that a device which has as its primary purpose time shifting can be contributory negligence unless the entire premise of Sony vs Universal is overturned by another supreme court ruling (which would be a travesty).

    Except that in the ruling you cite, the Court stated rather specifically that Congress could change the whole game on a whim. Since the Constitution explicitly grants Congress domain over copyright, they can do whatever the hell they want. (Don't believe me? Define "...a limited time...").

"And remember: Evil will always prevail, because Good is dumb." -- Spaceballs

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