Sunday, July 16, 2006

Orbitcast: XM Fights Back Against the RIAA-backed PERFORM Act

Orbitcast posted this article. Be sure to take a look at the PDF files linked below to fully understand how biased the RIAA's position is.

XM Fights Back Against the RIAA-backed PERFORM Act
Link to Orbitcast post: HERE

XM Satellite Radio is not sitting on their hands when it comes to the PERFORM Act (which the Senate Judiciary could take up as soon as the end of July).
Following the misinformed letter from Congressman Tom Latham, here's a fact-sheet created by XM (PDF) that outlines specifically what the Pioneer Inno and Samsung Helix can and cannot do. Two key points:
Users cannot automatically record individual songs or artists.
Users cannot pick what songs are played on XM, or access a playlist of songs that are to be played.
It's amazing how much misinformation is being spread by the RIAA regarding the capabilities of the Inno and Helix. These devices are no different than cassette recording, but with slick PR and well connected lobbyists, the RIAA is making sure to spread misleading statements.
In fact to illustrate the far reaching tentacles of the RIAA: the Senator who is championing the PERFORM act - Senate Majority Leader Bill Frist R-Tenn. (arguably the most powerful Republican in the Senate) - appears to have some special interest in getting the PERFORM Act to the floor.
"I guess he sees this as his last chance to do something parochial for his constituents," a GOP aide said to Roll Call (PDF), referring to the multibillion-dollar country music industry centered in Nashville, Tenn. "It was made pretty clear at the staff level — there would be very little chance this [telecom] bill would get floor time if this wasn’t in the bill."
But beyond a home-state interest, another enlightening fact is that the former Frist Chief of Staff - Mitch Bainwol - now heads the RIAA. Connected? You think? In recent House testimony, the RIAA’s Bainwol said, "With these devices, you can tape without listening. That’s not old-fashioned listening to the radio. You’ve changed the fundamental nature of radio." (Is it really? Have you really?)
To your right is an ad that XM recently ran in two Capitol Hill newspapers: Roll Call and The Hill (PDF).
It highlights a real-life scenario of an artist - struggling to sign with a Nashville label - who was able to gain an audience thanks to satellite radio.
If the RIAA was truly concerned about the artists, and not in stifling technology that might be a threat to CD sales, they would work with the satellite radio industry rather than against it.
The ironic thing is that they're going against an industry that can lengthen the long tail of CD sales by promoting back-catalog and indie artists. What's unfortunate is that they don't see that (or choose not to), and it's even more unfortunate that powerful Senators like Bill Frist are in their pocket - helping bring this battle to Washington, rather than where it belongs - on the free market.
PDFs:[Roll Call Article] (highly recommended)[Inno/Helix Fact Sheet][XM Artist Ad]
(If you haven't done so already, please write your Senator and voice your opposition now. Time is running out.)