Sat Radio Recording Moves Ahead
By John Gartner

Story location: http://www.wired.com/news/digiwood/0,1412,66156,00.html

02:00 AM Jan. 04, 2005 PT

A handful of new and soon-to-be-released devices enable music listeners to
automatically record tracks from satellite radio broadcasts onto hard drives
or portable music players such as the iPod. While the recording industry has
publicly decried such activities for terrestrial radio, analysts say it has
a financial reason for remaining silent about satellite radio recording.

Satellite radio broadcasters XM Satellite Radio and Sirius Satellite Radio
each deliver more than 100 channels of music, sports and news in
high-quality digital audio streams to home, portable and automobile
receivers.

Last June, the Recording Industry Association of America sent a letter to
the Federal Communications Commission describing the ability to record songs
from digital broadcasts as the "perfect storm" facing the music industry.

But within weeks, electronics manufacturer Delphi and Time Trax Technologies
released the first products for recording digital tracks from satellite
radio, without a note of discord from the RIAA.

Time Trax will increase the number of radio-recording devices this month at
the Consumer Electronics Show, and CEO Elliot Frutkin expects the recording
industry will turn a deaf ear. "I am not immediately concerned about the
RIAA challenging Time Trax," said Frutkin.

Frutkin said Time Trax will unveil a docking station that enables PC users
to schedule the recording of broadcasts and to save tracks, including the
artist and title information, directly to Apple Computer's iPod. (A
Macintosh version is not currently in development). The company will also
unveil two devices for recording from Sirius broadcasts that will parallel
products the company delivered for XM listeners late last year, according to
Frutkin.

To discourage recorded songs from being posted on peer-to-peer networks, the
company's TimeTrax software application embeds the serial number of the
receiver into the track information, making it easy to trace the source,
Frutkin said. "We are not being cowboys telling people to do whatever they
want to do" with the tracks they record, Frutkin said.

Frutkin said version 4.0 of the TimeTrax software, which will be available
at the end of January, will enable listeners to scan satellite radio
channels and record only songs by specific artists. Users will be able to
type in "Bruce Springsteen," see the channels that would most likely play
him, and then monitor the stations to record him, according to Frutkin.

"The (TimeTrax) software itself is nothing that we endorse," said XM
Satellite Radio spokesman Chance Patterson. TimeTrax software was introduced
in August 2004, and enabled listeners who purchased an XM Radio adapter for
PCs to record music onto hard drives. (XM stopped selling the product
shortly thereafter.) In December, XM partner Delphi began selling the XM
MyFi, a handheld radio that can store up to five hours of music, and the
SkyFi2, which enables listeners to pause or rewind up to 30 minutes of a
radio broadcast.

The RIAA fears that the selective recording of high-quality digital
broadcasts from terrestrial radio would be ruinous for the recording
industry and online music services. When asked to clarify if RIAA's comments
to the FCC regarding protecting content included satellite radio broadcasts,
spokesman Jonathan Lamy replied by e-mail that the statements applied to
digital broadcasts, not satellite.

The RIAA is lobbying the FCC, which is expected to require that radio
stations transition from analog to higher-quality digital broadcasting
within the next few years, to mandate that broadcasts use technology to
prevent content copying, similar to its ruling (.pdf) for digital
television.

According to Sean Butson, media analyst with financial services company Legg
Mason, the RIAA has financial motivations for selectively targeting
traditional radio. "When songs get played on satellite radio, recording
artists get paid more money than when they get played on terrestrial radio,"
Butson said. He said satellite radio stations pay 7 percent of revenues to
recording artists and copyright holders, whereas radio broadcasters pay less
than 1 percent.

Satellite radio listeners pay a monthly subscription fee of between $10 and
$13, while terrestrial radio would remain free and supported by advertising.

Butson said artists who are not on the top of the pop charts like working
with satellite radio providers because they make more money and get more
airplay. For example, crooner Tony Bennett's CD sales spiked after he
started to be featured on XM Satellite Radio, according to Butson.

The satellite radio universe is much smaller than the potential audience for
free digital radio, so the RIAA may be focusing its resources on the biggest
fish, according to Gigi Sohn, president of Public Knowledge, a group that
advocates openness in digital information distribution.

Sohn said the RIAA's request for an audio broadcast flag that would prevent
copying could die if her organization is successful in its lawsuit to remove
a similar control from digital television. "I have lost enough cases to know
that our case against the broadcast flag is quite strong," she said.

Sohn said it is unlikely that satellite broadcasters would be required to
add a broadcast flag because millions of receivers have already been sold.
XM surpassed 3 million subscribers in 2004 and Sirius topped 1 million,
according to the companies.

The future of devices used to record digital audio broadcasts could be
greatly influenced by the MGM v. Grokster case that the Supreme Court will
hear this year. The lawsuit seeks to hold product manufacturers liable if
their products are used to infringe copyrights.

"If the entertainment industry wins broad liability (in the Grokster case),
you will see a chill in technology development unknown to this country in
the last 25 years," Sohn said.

End of story



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