So whats more illegal?

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Scott Greczkowski

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Sep 7, 2003
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SatelliteGuys Members, I just posted the below to XMFan.COM, it is just my opinion of some of my own personal opinion of my feeliing of things that are going on at XM and with XM Hardware. This feelings are my thoughts only and do not reflect anyone here or anyone at XMFan.COM

Ok I am known for being outspoken, a loud mouth, etc, but I always speak my mind, my thoughts may not always be correct but still I take my time to voice my opions on things.

So without further fainfair here is another one of my thoughts (Or as Arsino Hall would call them... "Things that make you go Hmmmm")

As of late quite a rage has begun over a piece of equipment called the XMPCR. When the XM PCR was first announced many of us thought XM was nuts for releasing this equipment because of the possibilities this equipment would open up.

The Genie which many hoped would never come out, yet at the same time many were hoping would come out was released. That Genie is called TimeTrax.

TimeTrax allows you to setup your PCR to capture shows you would normally miss, and it records them in MP3 format. It can also record songs from XM and make perfect individual MP3 of songs complete with Artist and Title information.

Of course XM and the RIAA are now fighting hard against this software and have discontinued the XMPCR plus pulled the release of the SkyFi 2 Advanced Home Docking Station as it had the ability to be controled using PCR software.

XMFan has taken a hands of approach to let users discuss TimeTrax, another website has banned such talk and instead has taken it upon itself to berate the author of the software for ruining a good thing. Of course while he is against the talk of the software he has decided to make a buck and hop on the bandwaggon and raise his price of XMPCR's to $70! Yes he is against the software but don't mind f**king over people to make a buck, the Z Man's Colors are showing again.

But beside the fleecing by the Z Man at the other site we must look deeper at things.

Is recording XM illegal? XM and the RIAA would like you to think so, and while it may even be in the XM User Agreement, there has been more then one time I have heard XM DJ's saying things like "Get rady to roll tape" and "Roll Tape now" but besides this there is another important thing about recording off of XM using the TimeTrax software, when using this software while it is recording MP3's we must remember here that you are recording from Analog to Digital, your MP3 will not be perfect. Acording to some laws I have read recording Analog singals is ok for you own private use. XM and the RIAA are stepping into dangerous terrortory by saying a user is not able to record from an analog output for their own personal use.

Now back to the scum of the earth, that Guy Z at the other forum, the guys who lips are so tight to the folks at XM that his head would explode if they farted, the guy who thinks that everything at XM is fine and dandy.

This is the guy who designed and has been selling modification to XM radios to allow perfect output from XM Radios using a Digital TOSLINK connection, these modification may be more illegal then any person making recording from an analog output on any XM Radio. The fact is with these unauthorized modifications being sold by the Z Man people can actually make PERFECT Digital to Digital copies of shows and songs from XM.

The person making the biggest flap about the TimeTrax software is the same person who is fleecing people to make a buck because of the softwares success, and he is also selling unauthorized modifications which may allow people to make perfect Digital to Digital copies. Let's follow the money trail here folks, he may act like he hates the new software, but in reality he's laughing all the way to the bank.

So in closing I would like to pose this question to the members of XM Fan, which do you consider more illegal, a person making analog copies of programs and music for their own personal use or the making of unauthorized modifications to XM Radios so that perfect Digital to Digital Recording can be made.

I look forward to your feedback.

Just calling it as I see it...

I am

Scott Greczkowski
 
Not much to add, you said it all. My feelings are similar. The love of the buck is fine as long as it is earned legally and morally. I believe we were given a conscience for a reason, but there is always somebody that F's it up for everybody else.
 
I really do not see the problem of making a digital recording as long as it's only for PERSONAL use and not to be sold.

To the idiot charging more for no reason that should be the same as gas companies gouging customers. People should be able to turn them in.

To me it's more illegal to charge more for the product than for making personal digital recordings.
 
you should have told us what you really thought ...
as far as which is more illegal ?? The TOS does allow for "Authorized recordings"
but I didnt see any exceptions to modifying the equipment

seems to me only a court of law could really answer which is more/most
but since the TOS requires you to give up your rights to a court of law
except in a few instances .. it would be hard to get an answer

I saw a good post earlier this evening on a totaly unrelated topic, the gist
of it was .. dont ask people on a forum that dont know .. ask someone that
really does know ;)

it is difficult for me to believe that XM or any large corporation could make
a marketing decision in a matter of a few days .... I think the PCR situation
would be happening regardless of whether TimeTrax was released or not

the other day there was a post showing how to modify the new ??SkyFi maybe
home unit to use the PCR software .. but in my excitement I cant find it now

there does seem to be way too much passion over such a mundane issue


..Dale
 
The new SkyFi is not out yet, and also the new Home Cradle has been pulled because it did have a USB port in it.

I am SURE that IF (and I say if because it is possible because of all of this the SkyFi2 will never be released to the public) the SkyFi 2 is released we will see people who will modify existing home kits to add a USB port.

The cork is off the bottle now and the genie is out of the bottle. We all knew this way going to happen when we first heard about the specs from XM.

Did you know that XM is now sending CEASE AND DISIST letters to people making XMPCR software (while XM has links to these peoples software on their own website see http://www.xmradio.com/xmpcr ) and also to those that have XM in their domain name!

Now back to our buddy Zig, again he is the most vocal against the time trax recording software, yet he was the one making the most money out of the situation. Again follow the money trail.
 
well "they" were showing the mod to get the serial output ...

dont see the point in ragging on ziggy

one thing is for sure TT wasnt the first and it sure wont be the last
wouldnt suprise me at all to see a WinAmp plugin for the PCR

once the device is interfaced to the computer, the only limits are
the imagination of 50 million people .. all of this is going to cause someone
to want to interface the Sirius stuff ;)

..Dale
 
Scott Greczkowski said:
So without further fainfair here is another one of my thoughts (Or as Arsino Hall would call them... "Things that make you go Hmmmm")

I think C+C Music Factory might also call it that.

I don't have satellite radio, nor do I have any desire to have it, but I can understand why it's popular to the people who do.

However, on the topic of your post, I dislike the RIAA (and the MPAA) for telling people what they CAN and CANNOT do with that which is payed for (or even that which is free), and fear (OK, maybe that's a little strong of a word) that media will soon be governed by laws that favor the RIAA (or the MPAA, etc.) strictly because the RIAA (etc.) can't face the real reasons they aren't selling as many albums (or movies, etc) as they used to.


~Alan
 
the RIAA has the finest lawmakers money can buy

the music companies are not releasing as many CDs
less product = less sales ...

they are putting their money into the more well known artists

..
Dale
 
Scott Greczkowski said:
The real reason music is not selling is the product they are putting out SUCKS. :) (The same goes for movies!)

That's one of the reasons, and one of the main ones I was thinking about!

The others being the fact that while I have purchased several CDs in the last few years at Circuit City for $7.99 or $9.99, most CDs are around $12.99 or $13.99 at the discount stores, and around $20.00 at the record stores, and that's too much to pay for a CD where you might get two or three good songs, and ten sucky ones. Also, while music started going downhill before 9/11, most anybody in sales will tell you that contrary to what the media is reporting, the "growth" in the economy hasn't really reached to sales yet, and if a person is going to spend their HARD-earned money on something, it's going to be gas, groceries and other things besides something like CDs. There are similar reasons why movie ticket sales are down.

These problems (and others) are not properly addressed by the RIAA (or the MPAA) because they are too busy going after people making copies of their music (or movies). Sometimes I wonder if they are actually aware that there are other reasons why their respective products aren't selling as well as they used to, or if they're just so stupid (and greedy) that they don't even see the forest for the trees!

~Alan
 
I have often noticed in Circuit City,Best Buy,Walmart
row after row of CDs with nobody looking at them but you have
to fight your way through to see the latest DVD

I bought a DVD last winter when it was released for $12.70 in the next rack
was the CD for $15.95 and the DVD contained all the songs on the CD

several years ago you saw kids with walkmans,etc now they all are on the cellphone .. when you look at the car next to you chances are the driver is on
the phone ... people just dont "need" CDs like they once did

I think the RIAA knows about sales,etc ... they say what they have to say to
get what they want .. same as a lot of other businesses

..Dale
 
What's the difference between, since it is analog to digital.. recording on an internal memory system in MP3 and me taking a dubbing wire output (which can be done with my Sirius JVC Homekit), running it through my sound card on my PC, and recording an MP3 that way?

As you said, it's analog to digital. People can find a way to dub it if they want to.
 
My CD purchases are down 90%. Mostly due to the fact that I refuse to actively support these jerks at the RIAA. I'm not stealing it, I just go sick of buying CDs and suffering buyers remorse within 60 minutes and being unable to return it.

Plus, XM in the car and office and Sirius at home (thanks to E*) has allowed me the freedom of turning off commercial radio. The same 20 songs aren't pushing me to slam a CD on in frustration.

And hey, even if I rarely buy new releases, I still have the 3000 CDs I've bought over the last 18 years to listen to.
 
I STILL don't understand why...

If we're talking about INTELLECTUAL PROPERTY rights - why on god's green earth does state (digital / analog / good / bad) matter? The Copyright is on the SONG / MOVIE. I don't understand why some good lawyer hasn't gone on about this... :)

(Perhaps has something to do with the RIAA's deeper pockets)
 
Its kind of like its ok to tape using a VCR from Analog, however you do not have the same right to record a digital signal off air if the broadcaster does not want you to (HDCP)

Personally I think the RIAA is a bunch of morons. :)
 
Neutron said:
I think actors/actresses and recording artists are a bunch of overpaid jerks anyway.

I do and I don't. I personally don't feel that acting or singing is worth the amount of money they are paid, I also know that as far as actors go, a lot of movies/TV shows are watched because of who plays the parts in them. If you have a movie starring an actor who is paid $20 million dollars and the movie makes $300 million, not including endorsements, merchandising, parnerships with Taco Bell, etc., you have to think about the fact that the actor is only getting less than ten percent of the profits. Now I'm not saying that every movie is going to make $300 million, or that every actor makes $20 million a picture, but when you look at the percentage, and realize that most of the other people involved in the movie (gaffers, assistants, etc) aren't paid no where near as well, and after the money invested has been recouped, the rest of the money goes to the Producers and the studios who really don't (usually) affect whether or not a movie-goer decides to see that movie.

Also, if you take into account recording artists, most of the money that comes from CD sales usually end up in the pockets of the record labels pocket, whereas most artists make their money from concerts, merchandising and radio airplay.

~Alan
 
Yeah, but it's not the actors/actresses/recording artists who rake in the bucks - after all the work they do all they're "fed" are "peanuts".

The record companies take so much off the top of every record sold that they leave precious little to those who actually create the material - the composers and artists. Same story for movies and TV shows. Unless they make it themselves from the outset - or have some kind of "name value" - there's not much to pocket.

And you all remember what "contribution(s)" to internet radio the RIAA made?

Your entertainment dollars in action.
 
BobMurdoch said:
My CD purchases are down 90%. Mostly due to the fact that I refuse to actively support these jerks at the RIAA. I'm not stealing it, I just go sick of buying CDs and suffering buyers remorse within 60 minutes and being unable to return it.

Plus, XM in the car and office and Sirius at home (thanks to E*) has allowed me the freedom of turning off commercial radio. The same 20 songs aren't pushing me to slam a CD on in frustration.

And hey, even if I rarely buy new releases, I still have the 3000 CDs I've bought over the last 18 years to listen to.
I am with you here, I did order the XMPCR though .. hope I like it!

Just as an interesting point, the US copyright laws CLEARLY state you can make unlimited copies of music and movies FOR PERSONAL USE. I also spoke with an attorney in the family (years ago) who work in this type of sector and legally there is no problem if I copy a CD (or Movie) and GIVE IT to my brother. The problem arises when you SELL the content.

To stay on topic though, screw the RIAA and MPAA, they are a$$hole$ and the money is all they care about. They are getting paid by XM every time they play the song. Morals are what should guide this, not the laws. Like the other guy said ... we're all born with a conscience.
 

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