XM and music industry get ready for a fight

Several major record labels and the Recording Industry Association of America have filed suit against XM Satellite Radio, alleging that its new portable player is violating their copyrights.

The Inno player, manufactured by Pioneer, allows users to store a copy of a song played over the satellite radio service. Consumers must have a subscription to XM, and they can't transfer the songs to any other devices.

The suit, filed in federal court in New York on Tuesday, seeks $150,000 in damages for every song copied by XM customers using the devices. It also opens up a host of legal issues. Courts have upheld a consumer's right to record for personal use music aired on the radio. But the recording industry argues that the Inno service is more like an iPod, and XM should have to pay a license fee as other distributors do.

Blog community response:

"Somebody needs to stand up to the bullies of the entertainment industry. Who will champion the rights of consumers, now that Ralph Nader is clearly crazy? it's a shame that we can't count on Congress. I guess that (we'll) have to turn to the consumer advocates of the new millenia--the hackers."
--Global POV

"What we do know is that the amount is pretty extreme, and that XM had better have a good case, or this emerging satellite radio market could lose a major player in a jiffy."
--Engadget

"Now, this lawsuit is likely to trigger a massive effort to categorize this long-standing personal-recording right based on the type of technology. Which is why this will become a battle royale with far-reaching implications."
--IP & Democracy