XM Satellite Radio and P2P networking might as well be on opposite sides of the technological spectrum, but their frequent litigation with the RIAA (Recording Industry Association of America) makes for a good Saturday night date ice breaker. Claiming that XM Satellite Radio’s new "XM+MP3" service disaggregates recordings and permits the creation of music libraries in a similar fashion to iTunes, the music industry filed a copyright violation complaint in May of 2006.
The music industry contends that XM’s license doesn’t permit the service to act like an online music store. The “XM+MP3” service allows the consumer to download perfect, digital copies of satellite transmitted songs and rearrange the play list in any fashion desired. The RIAA has repeatedly stated they are not necessary against sound recording or time-shifting; however they are against reorganizing recordings per genre or artist.
XM defended its position, stating its service is protected by the Audio Home Recording Act. The Audio Home Recording Act (AHRA), passed in 1992, allows for private, non-commercial copying of digital and/or analog recording with a capable device.
"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device… or based on the noncommercial use by a consumer of such a device… for making digital music recordings or analog musical recordings.”
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