[DMCA-Activists] Homegrown Satellite Radio Software Draws XM Fire

[Seth Johnson]

(Can they stop the owners and the makers when they see their time
has come?  -- Seth)

-------- Original Message --------
Subject: pho: USAT: Homegrown satellite radio software draws XM
fire
Date: Thu, 26 Aug 2004 22:21:02 -0700
From: John Parres <address@hidden>
To: pho <address@hidden>

As seen on Hatch's (and Marybeth's) Hit List...

JP

------------
http://www.usatoday.com/tech/news/techpolicy/2004-08-24-xmradio-timeshift_x.htm

Homegrown satellite radio software draws XM fire
By Kenneth Li, Reuters

NEW YORK — 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.

The software, TimeTrax, also neatly arranged the individual songs
from the concert, complete with artist name and song title
information, into MP3 files.

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 $10 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.

MacLean's software essentially marries the song information with
an analog recording of the broadcasts, then stores this in MP3
files. The user can leave the software running unattended for
hours and amass a vast library of songs.

That feature has been a central concern in the music industry as
it lobbies regulators to place restrictions on free copying of
digital broadcasts before many more radio stations add digital
broadcasts. About 300 stations already offer digital broadcasts.

Music labels fear that the convenience of MacLean's software will
lead millions more to copy and distribute songs over file-sharing
networks such as KaZaA, a music industry source said.

Media companies were dealt a blow last week when a U.S. federal
appeals court ruled that online file sharing software companies
in the spirit of the original Napster were not liable for acts of
copyright infringement its users committed.

More than 2,400 XM listeners have downloaded the program since he
made it publicly available on Aug. 12, MacLean said, and nearly
400 paid for the full version at a cost of $19.95. He raised the
price on Tuesday to $29.95. The software can be found at
nerosoft.com/TimeTrax.

These users are using TimeTrax — in combination with the
software that came with XM's receiver, the PCR — as their main
gateway to XM Radio on the PC.

XM Satellite Radio Holdings said it was concerned about the
software, based on a description of its features.

"That's a product that's not authorized by XM," Chance Patterson,
vice president of corporate affairs, told Reuters last week.

"That program is something we don't condone ... It's our
expectation they will be shut down," he added. "We're also
researching any potential legal violations."

Patterson said the device the software relies on, the PCR
receiver, represents a small fraction of its sales. The lion's
share of its sales come from receivers built into new cars and
stand-alone units that connect to home stereos, which cannot be
hooked up to computers.

The software could conflict with XM's plans to improve its
service. XM has said it plans to launch in October a new car and
home radio receiver that lets users pause and rewind live
broadcasts. XM also has a deal to stream its broadcasts over
next-generation TiVo recorders.

In a letter seen by Reuters, XM's lawyers told MacLean to
discontinue his sales and provide the company with a list of
purchasers.

He said he had no intention of complying and added that he had no
such list.

Copyright 2004 Reuters Limited


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