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Action Seeks to Stop SoundExchange and A2IM's Illegal Behavior
NEW YORK, March 27, 2012 /PRNewswire/ -- Sirius XM Radio (NASDAQ: SIRI) today announced that it has filed a complaint against SoundExchange, Inc. and American Association of Independent Music ("A2IM") charging those organizations with unlawfully interfering in SiriusXM's efforts to secure, through a competitive market, copyrights critical to its business. The complaint contends that the conduct violates federal antitrust, as well as New York state law.
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SiriusXM is primarily seeking injunctive relief to stop SoundExchange and A2IM from impeding its efforts to obtain the licenses it needs to operate its business in direct dealings with record companies instead of relying exclusively on licenses either negotiated with SoundExchange acting as the record industry's collective or on the outcome of regulatory rate-making proceedings. The complaint charges that, although SiriusXM has the legal right to reach out to individual record companies for such licenses, SoundExchange, in collaboration with other record industry organizations, has orchestrated an illegal boycott designed to choke off such competition.
SiriusXM's direct licensing initiative is beneficial to the Company, listeners, artists and record labels. This filing reflects SiriusXM's commitment to taking the steps necessary to maintain its rights to conduct business in a free and open market for the benefit of its business, listeners, artists and record companies.
The complaint contends that SoundExchange and other industry trade associations, in concert with numerous individual record labels, have eliminated price competition in, among others, the market for digital transmissions of sound recordings licensable under the statutory licensing provisions of Section 114 of the Copyright Act of 1976. The complaint further contends that SoundExchange and A2IM, along with major music industry organizations, have organized a boycott to prevent independent record companies from negotiating direct licenses with SiriusXM for sound recordings that are included in the Company's commercial-free music content. As outlined in the complaint, there has been an orchestrated effort against labels looking to negotiate directly with SiriusXM, including mailings to members, public statements released to the media and posted on their websites, board level discussions, direct pressure tactics placed on individual labels known to be considering SiriusXM's offer and even overt efforts to cause one or more entities that actually signed a direct license to rescind it.
As a result of the complained of conduct, SiriusXM has been forced to deal exclusively with SoundExchange to acquire statutory licenses at higher prices than it otherwise would have obtained through direct licensing with individual record labels. The complaint contends that this conduct and the ensuing boycott violate federal antitrust laws and tortiously interferes in SiriusXM's business relationships.
SiriusXM has signed nearly 80 direct licenses to date; the Company believes that without the complained of conduct, it would have attained far more. The Company believes that if SoundExchange, the trade associations and major record labels are allowed to continue this conduct, it is likely that similar anticompetitive harm will result to other rights users who are unable to secure direct licenses to rights.
SiriusXM's Direct Licensing Initiative
As part of a larger effort to manage through the challenging market environment, SiriusXM has sought to manage the cost of its music programming by negotiating royalty rates directly with individual record labels. This interest was further spurred by the extraordinary increases in statutory fees that the record industry, through SoundExchange, advised they were seeking beginning in 2013, and SiriusXM's desire to enter into a single license covering all of its platforms, including satellite, internet, mobile devices and more. Having one license agreement that encompasses these platforms provides an opportunity for record companies to derive more value than they would by relying on distributions from SoundExchange. Notably, SiriusXM can enter into a unitary license agreement of such scope only through a direct license; it cannot do so under a SoundExchange statutory license. Working with a leading provider of high-volume license administration services with deep expertise in the music industry and with similar direct license programs, SiriusXM began developing a comprehensive direct license proposal for record companies in 2010.
The direct licenses, offered at rates between 5% and 7% of defined revenues, would be powerful evidence of prevailing market rates in the pending 2013-2017 CRB proceeding and stand in stark contrast to the much higher rates proposed by SoundExchange in that proceeding.
The complaint was filed in the United States District Court for the Southern District of New York.
About Sirius XM Radio
Sirius XM Radio is America's satellite radio company. SiriusXM broadcasts more than 135 satellite radio channels of commercial-free music, and premier sports, news, talk, entertainment, traffic, weather, and data services to over 21 million subscribers. SiriusXM offers an array of content from many of the biggest names in entertainment, as well as from professional sports leagues, major colleges, and national news and talk providers.
SiriusXM programming is available on more than 800 devices, including pre-installed and after-market radios in cars, trucks, boats and aircraft, smartphones and mobile devices, and consumer electronics products for homes and offices. SiriusXM programming is also available at siriusxm.com, and on Apple, BlackBerry and Android -powered mobile devices.
SiriusXM has arrangements with every major automaker and its radio products are available for sale at shop.siriusxm.com as well as retail locations nationwide.
This communication contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements include, but are not limited to, statements about future financial and operating results, our plans, objectives, expectations and intentions with respect to future operations, products and services; and other statements identified by words such as "will likely result," "are expected to," "will continue," "is anticipated," "estimated," "believe," "intend," "plan," "projection," "outlook" or words of similar meaning. Such forward-looking statements are based upon the current beliefs and expectations of our management and are inherently subject to significant business, economic and competitive uncertainties and contingencies, many of which are difficult to predict and generally beyond our control. Actual results may differ materially from the results anticipated in these forward-looking statements.
The following factors, among others, could cause actual results to differ materially from the anticipated results or other expectations expressed in the forward-looking statements: our competitive position versus other forms of audio entertainment; our dependence upon automakers; general economic conditions; failure of our satellites, which, in most cases, are not insured; our ability to attract and retain subscribers at a profitable level; royalties we pay for music rights; the unfavorable outcome of pending or future litigation; failure of third parties to perform; and our substantial indebtedness. Additional factors that could cause our results to differ materially from those described in the forward-looking statements can be found in our Annual Report on Form 10-K for the year ended December 31, 2011, which is filed with the Securities and Exchange Commission (the "SEC") and available at the SEC's Internet site (http://www.sec.gov). The information set forth herein speaks only as of the date hereof, and we disclaim any intention or obligation to update any forward looking statements as a result of developments occurring after the date of this communication.
Follow SiriusXM on Twitter
or
like the SiriusXM page on Facebook E - SIRI
Contact Information for Investors and Financial Media:
Investors:
Hooper Stevens
212 901 6718
hooper.stevens@siriusxm.com
Media:
Patrick Reilly
212 901 6646
patrick.reilly@siriusxm.com
SOURCE Sirius XM Radio
News Provided by Acquire Media
NEW YORK, March 27, 2012 /PRNewswire/ -- Sirius XM Radio (NASDAQ: SIRI) today announced that it has filed a complaint against SoundExchange, Inc. and American Association of Independent Music ("A2IM") charging those organizations with unlawfully interfering in SiriusXM's efforts to secure, through a competitive market, copyrights critical to its business. The complaint contends that the conduct violates federal antitrust, as well as New York state law.
(Logo: Login )
SiriusXM is primarily seeking injunctive relief to stop SoundExchange and A2IM from impeding its efforts to obtain the licenses it needs to operate its business in direct dealings with record companies instead of relying exclusively on licenses either negotiated with SoundExchange acting as the record industry's collective or on the outcome of regulatory rate-making proceedings. The complaint charges that, although SiriusXM has the legal right to reach out to individual record companies for such licenses, SoundExchange, in collaboration with other record industry organizations, has orchestrated an illegal boycott designed to choke off such competition.
SiriusXM's direct licensing initiative is beneficial to the Company, listeners, artists and record labels. This filing reflects SiriusXM's commitment to taking the steps necessary to maintain its rights to conduct business in a free and open market for the benefit of its business, listeners, artists and record companies.
The complaint contends that SoundExchange and other industry trade associations, in concert with numerous individual record labels, have eliminated price competition in, among others, the market for digital transmissions of sound recordings licensable under the statutory licensing provisions of Section 114 of the Copyright Act of 1976. The complaint further contends that SoundExchange and A2IM, along with major music industry organizations, have organized a boycott to prevent independent record companies from negotiating direct licenses with SiriusXM for sound recordings that are included in the Company's commercial-free music content. As outlined in the complaint, there has been an orchestrated effort against labels looking to negotiate directly with SiriusXM, including mailings to members, public statements released to the media and posted on their websites, board level discussions, direct pressure tactics placed on individual labels known to be considering SiriusXM's offer and even overt efforts to cause one or more entities that actually signed a direct license to rescind it.
As a result of the complained of conduct, SiriusXM has been forced to deal exclusively with SoundExchange to acquire statutory licenses at higher prices than it otherwise would have obtained through direct licensing with individual record labels. The complaint contends that this conduct and the ensuing boycott violate federal antitrust laws and tortiously interferes in SiriusXM's business relationships.
SiriusXM has signed nearly 80 direct licenses to date; the Company believes that without the complained of conduct, it would have attained far more. The Company believes that if SoundExchange, the trade associations and major record labels are allowed to continue this conduct, it is likely that similar anticompetitive harm will result to other rights users who are unable to secure direct licenses to rights.
SiriusXM's Direct Licensing Initiative
As part of a larger effort to manage through the challenging market environment, SiriusXM has sought to manage the cost of its music programming by negotiating royalty rates directly with individual record labels. This interest was further spurred by the extraordinary increases in statutory fees that the record industry, through SoundExchange, advised they were seeking beginning in 2013, and SiriusXM's desire to enter into a single license covering all of its platforms, including satellite, internet, mobile devices and more. Having one license agreement that encompasses these platforms provides an opportunity for record companies to derive more value than they would by relying on distributions from SoundExchange. Notably, SiriusXM can enter into a unitary license agreement of such scope only through a direct license; it cannot do so under a SoundExchange statutory license. Working with a leading provider of high-volume license administration services with deep expertise in the music industry and with similar direct license programs, SiriusXM began developing a comprehensive direct license proposal for record companies in 2010.
The direct licenses, offered at rates between 5% and 7% of defined revenues, would be powerful evidence of prevailing market rates in the pending 2013-2017 CRB proceeding and stand in stark contrast to the much higher rates proposed by SoundExchange in that proceeding.
The complaint was filed in the United States District Court for the Southern District of New York.
About Sirius XM Radio
Sirius XM Radio is America's satellite radio company. SiriusXM broadcasts more than 135 satellite radio channels of commercial-free music, and premier sports, news, talk, entertainment, traffic, weather, and data services to over 21 million subscribers. SiriusXM offers an array of content from many of the biggest names in entertainment, as well as from professional sports leagues, major colleges, and national news and talk providers.
SiriusXM programming is available on more than 800 devices, including pre-installed and after-market radios in cars, trucks, boats and aircraft, smartphones and mobile devices, and consumer electronics products for homes and offices. SiriusXM programming is also available at siriusxm.com, and on Apple, BlackBerry and Android -powered mobile devices.
SiriusXM has arrangements with every major automaker and its radio products are available for sale at shop.siriusxm.com as well as retail locations nationwide.
This communication contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements include, but are not limited to, statements about future financial and operating results, our plans, objectives, expectations and intentions with respect to future operations, products and services; and other statements identified by words such as "will likely result," "are expected to," "will continue," "is anticipated," "estimated," "believe," "intend," "plan," "projection," "outlook" or words of similar meaning. Such forward-looking statements are based upon the current beliefs and expectations of our management and are inherently subject to significant business, economic and competitive uncertainties and contingencies, many of which are difficult to predict and generally beyond our control. Actual results may differ materially from the results anticipated in these forward-looking statements.
The following factors, among others, could cause actual results to differ materially from the anticipated results or other expectations expressed in the forward-looking statements: our competitive position versus other forms of audio entertainment; our dependence upon automakers; general economic conditions; failure of our satellites, which, in most cases, are not insured; our ability to attract and retain subscribers at a profitable level; royalties we pay for music rights; the unfavorable outcome of pending or future litigation; failure of third parties to perform; and our substantial indebtedness. Additional factors that could cause our results to differ materially from those described in the forward-looking statements can be found in our Annual Report on Form 10-K for the year ended December 31, 2011, which is filed with the Securities and Exchange Commission (the "SEC") and available at the SEC's Internet site (http://www.sec.gov). The information set forth herein speaks only as of the date hereof, and we disclaim any intention or obligation to update any forward looking statements as a result of developments occurring after the date of this communication.
Follow SiriusXM on Twitter
or
like the SiriusXM page on Facebook E - SIRI
Contact Information for Investors and Financial Media:
Investors:
Hooper Stevens
212 901 6718
hooper.stevens@siriusxm.com
Media:
Patrick Reilly
212 901 6646
patrick.reilly@siriusxm.com
SOURCE Sirius XM Radio
News Provided by Acquire Media
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1106 views
For some reason, the satelliteguys.us site is loading a lot slower than usual on both Chrome on my Asus laptop and Safari on my iPhone.
I'm also seeing longer appearances of the blue bar at the top and the "3 blue bars" loading symbol.
Is anyone else also having the same problem? Thanks in advance.
I'm also seeing longer appearances of the blue bar at the top and the "3 blue bars" loading symbol.
Is anyone else also having the same problem? Thanks in advance.
528 Replies
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17932 views
Remember folks... just like DNS... its always Foxbat. 
WTF… …What the Foxbat!Remember folks... just like DNS... its always Foxbat.
S
wow what a kick in the balls!!! the wife blames you when things don't work now scott's blaming youWTF… …What the Foxbat!
I know. Here's what Scott has in store for me if I get out of line:wow what a kick in the balls!!! the wife blames you when things don't work now scott's blaming you
Supporting Founder
Several Dish offers showed up today in my account. Once you choose one the rest are removed. Offers were Showtime, Starz, AMC and others.
33 Replies
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1570 views
Not for me, mines has no mention of how long aka the offer period and the Terms and conditions the $0.00 is good for. All I see is one can lose $5.00 if you decide to remove it before day 31 after you add it to the account.
Staff member
HERE TO HELP YOU!
Cutting Edge
Sometimes a thread gets so many posts in it that is can cause issues for the server so that why today we introduce The Song Name Game Part 3!
So let the game continue!
The last song was added by Bobby who posted...
One Meat Ball - Andrews Sisters
CONTINUE ON AND HAVE FUN! WELCOME HOME TO SATELLITEGUYS.US!
Here are the original rules for the game as posted by WebbyDude back in 2006. http://www.satelliteguys.us/threads/68645-Song-Name-Game
Just name a song title and the band who performed it. The next person does the same thing, but needs to list a song title or band name which includes a word from the previous entry. Pick songs from any genre.
Example:
Long Live Rock and Roll -- Rainbow
Rainbow in the Dark -- Dio
Another example:
Ride the Lightning -- Metallica
Lightning Strikes -- Ozzy Osbourne
Get it?
An additional note: we all know that song titles, sometimes, use profane words. Because this is a family friendly website it is advised that you clean up that title up a bit. This is accomplished by using something like sh!t instead of the real word. Thanks....
So let the game continue!
The last song was added by Bobby who posted...
One Meat Ball - Andrews Sisters
CONTINUE ON AND HAVE FUN! WELCOME HOME TO SATELLITEGUYS.US!
Here are the original rules for the game as posted by WebbyDude back in 2006. http://www.satelliteguys.us/threads/68645-Song-Name-Game
Just name a song title and the band who performed it. The next person does the same thing, but needs to list a song title or band name which includes a word from the previous entry. Pick songs from any genre.
Example:
Long Live Rock and Roll -- Rainbow
Rainbow in the Dark -- Dio
Another example:
Ride the Lightning -- Metallica
Lightning Strikes -- Ozzy Osbourne
Get it?
An additional note: we all know that song titles, sometimes, use profane words. Because this is a family friendly website it is advised that you clean up that title up a bit. This is accomplished by using something like sh!t instead of the real word. Thanks....
68496 Replies
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2670645 views
TWiT Tech Podcast Network
Time for another AWESOME video from the TWIT Network!
View: https://www.youtube.com/shorts/z72cjoZP83E
Direct YouTube Link - AI Can Self-Replicate: Unplugging the Threat! #shorts
TWIT's Website
TWIT Live Feed
View: https://www.youtube.com/shorts/z72cjoZP83E
Direct YouTube Link - AI Can Self-Replicate: Unplugging the Threat! #shorts
TWIT's Website
TWIT Live Feed
0 Replies
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10 views
TWiT Tech Podcast Network
Time for another AWESOME video from the TWIT Network!
View: https://www.youtube.com/shorts/w5TOILSc_U8
Direct YouTube Link - AI Model Poisoning: The Hidden Threat on Hugging Face #shorts
TWIT's Website
TWIT Live Feed
View: https://www.youtube.com/shorts/w5TOILSc_U8
Direct YouTube Link - AI Model Poisoning: The Hidden Threat on Hugging Face #shorts
TWIT's Website
TWIT Live Feed
0 Replies
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7 views
Pub Member / Supporter
Cutting Edge
I created this thread on the original Edgecutter Cutting Edge Forums site. It's simply a place for those to review the latest software available for those using Windows 10 and Windows 11. To date it has received 112,559 views. I have been asked by staff to continue this thread here.
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47210 views
To each there own but I've found that Windows can't do much more than Linux can. Can't have everything.
For niche use cases, yes I agree. Kali for ethical hacking and security testing, and running a Cacti server for network monitoring are the two things I have experience in. Plus thousands and thousands of other things, but for every day use I just can't see it. The owner of the GMRS repeater that I pay to access is changing the Tx DPL tones tomorrow, while Chirp is available on Linux, the software to program my MXT500 is not.To each there own but I've found that Windows can't do much more than Linux can. Can't have everything.
I run Fedora and Ubuntu in VMWare, honestly I don't care much for the UI of either of them and I don't feel like spending days/weeks to customize the UI to make it look Windows-like when I could just use Windows. The cartoonish dock at the bottom of the screen reminds me of Apple products.
As I said above, and, FWIW, I run Win11 Pro and Arch on separate 250 GB NVME drives, using F8 to select which I boot to, with a 1TB SSD for storage, accessible to both OSs and a third formatted Nvme I want to use to learn Kali. It was much faster to setup Arch than it was to strip down Windows. Windows still takes much longer to boot.
Help, I'm a little confjused on the activation process.
I purchased the Joey 4 from Solid Signal and shipping box has Call 866 726-4282 to Avtivate new Receiver. That number is Solid Signals number.
I googled and that search said call Dish to activate. I assume that is correct unless this requires a 2 step process.
Please let me know.
Thanks
I purchased the Joey 4 from Solid Signal and shipping box has Call 866 726-4282 to Avtivate new Receiver. That number is Solid Signals number.
I googled and that search said call Dish to activate. I assume that is correct unless this requires a 2 step process.
Please let me know.
Thanks
6 Replies
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204 views
All good called Dish and new Joey 4 is activated and working.
Old Joey 2 deactivated and no need to return.
Old Joey 2 deactivated and no need to return.
S
i bought mine straight from dish as it was only $ 100.00 bucks!!! had the protection plan they came out removed and deactivated the 4k joey and activated and installed the joey 4.All good called Dish and new Joey 4 is activated and working.
Old Joey 2 deactivated and no need to return.
Supporting Founder
Pub Member / Supporter
Lifetime Supporter
Apple has finally released their Apple TV 4K with built-in Siri and a microphone so it can respond to your queries even if you don't have the remote. It also increases in price, to $299. I had been planning on updating my current Apple TV 4K streamers, but that's $600 for the two of them, and that's a pass at this point.
At $299, it had better come with 256 GB of Storage, Gigabit (or better) Ethernet, the latest HDMI tech and standards, and one year of free Apple One. But it probably won't…
At $299, it had better come with 256 GB of Storage, Gigabit (or better) Ethernet, the latest HDMI tech and standards, and one year of free Apple One. But it probably won't…
Apple TV 4K
Apple TV 4K. New Siri AI and hands-free control. Stunning picture and immersive HomePod surround sound. Works with your Apple and smart home devices.
www.apple.com
14 Replies
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185 views
S
. apple's been making money off of software and not hardware for a while
they all do that anyways.. ever notice your cell phone slows down when you come up for an upgrade..
. apple's been making money off of software and not hardware for a while
The new curated multiview is now live.
While on many of the sports channels and non sports channels there is a multi view option button. It will pull up a side bar with many different multi view options.
While on many of the sports channels and non sports channels there is a multi view option button. It will pull up a side bar with many different multi view options.
3 Replies
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168 views
Supporting Founder
Really excited for this season with Kentucky having a new coach and some really exciting recruits. Probably won't last long, but here's hoping this season is great.
141 Replies
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1361 views
