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Details on the RIAA vs. XM lawsuit

by Adam Berger on May 20, 2006 at 12:34 AM

XMRIAA has done it again but this time instead of going after more innocent 6 or 87 year olds for illegal downloads they are attacking XM. If you are not familiar with the new Pioneer Inno (which we will review in two weeks) and Samsung Helix XM 2 Go players, the point is question is the recording capabilities of these devices. Both devices are first and foremost portable satellite radios but they also have built in recording capabilities. RIAA is flipping out because now you the listener as a perfect digital copy of the hottest new song and may destroy the world with it distribute it illegally online. The suit seeks $150,000 in “damages” for every song copied by XM customers using the device.

Here is what XM Satellite Radio had to say about the lawsuit (via IBloggedThis) that was filed by the RIAA earlier this week (this was emailed out to all 6+ million subscribers):

Statement to XM Subscribers - The XM NationEverything we’ve done at XM since our first minute on the air is about giving you more choices. We provide more channels and music programming than any other network. We play all the music you want to hear including the artists you want to hear but can’t find on traditional FM radio. And we offer the best radios with the features you want for your cars, homes, and all places in between.

We’ve developed new radios — the Inno, Helix and NeXus — that take innovation to the next level in a totally legal way. Like TiVo, these devices give you the ability to enjoy the sports, talk and music programming whenever you want. And because they are portable, you can enjoy XM wherever you want.

The music industry wants to stop your ability to choose when and where you can listen. Their lawyers have filed a meritless lawsuit to try and stop you from enjoying these radios.

They don’t get it. These devices are clearly legal. Consumers have enjoyed the right to tape off the air for their personal use for decades, from reel-to-reel and the cassette to the VCR and TiVo.

Our new radios complement download services, they don’t replace them. If you want a copy of a song to transfer to other players or burn onto CDs, we make it easy for you to buy them through XM + Napster.

Satellite radio subscribers like you are law-abiding music consumers; a portion of your subscriber fee pays royalties directly to artists. Instead of going after pirates who don’t pay a cent, the record labels are attacking the radios used for the enjoyment of music by consumers like you. It’s misguided and wrong.

We will vigorously defend these radios and your right to enjoy them in court and before Congress, and we expect to win.

Thank you for your support.

We remember when it “became illegal” to record off the radio, well now digital days are here and they are trying to push that again. Not sure what will happen here for for XM seem like RIAA wants this to become a subscription service. Looking back, Sirius was forced to pay royalties. What will happen next, we can’t record off of HD radio too?

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