XM Gets on the Wrong Side of the Digital Content Battle

I haven’t really said much of the recent P2P software ruling, which roughly says that P2P companies aren’t really liable for the content they move around on their networks. I guess at this stage, I’ve said it a million times already that I believed that to be true and the reason that the obvious ruling hadn’t been made was because of poor lawyers on the P2P side. But finally, there was some success and now maybe the P2P software companies will get a break. If only the individual users could now get a break.

But this story caught my eye. Essentially, Scott MacLean wrote a piece of software called TimeTrax to digitally record content from XM onto his computer and organize it into MP3 files. Of course the RIAA and XM both freaked with the possibility that those MP3 files might be redistributed over the P2P networks. XM came down hard on Mr. MacLean, but frankly I believe that they have landed on the wrong side of this issue. While I realize that their content providers may have some concern about redistribution of content, I think that it’s more likely that XM benefits from this. This capability alone might encourage an other non-subscriber to sign up. (I should ‘fess up here that I own a few shares of XM.) While this would force XM into a more tenuous set of relationships with their content providers, the long run outlook is that this would be good for business.

However, if they become the bad guys, then maybe it’s time to start selling. A black eye like this with the consumer would be harmful to their long term business; maybe it would even give Sirius a boost. Today’s content reality is clear — people copy and share digital content. The best bet is to figure out how to leverage that into a clear business proposition. Seems like Mr. MacLean has figured part of that out for XM; maybe now XM will figure it out for themselves.

Running with an iPod

I’ve been running for some time now (3 miles a day) and when my treadmill broke, I decided to run outside with my iPod (3G). At first, I clipped it to my running shorts, but I found that it was heavy enough to tug at the waist. Not wanting to expose myself, I put the iPod on a lanyard and carried on my neck. That was okay, but it bounced around a lot, so I next tried a fanny pack. The fanny pack I used worked pretty well, but it still bounced the iPod around quite a bit and the device started skipping. At first it was only on a song or two, where I would get a bit of dead space in the music, but eventually, it became a serious epidemic. Some of the files on the iPod were even damaged in the process (I’m still not sure how that could happen since the files were being read, not written — perhaps the iPod records the last time played in an MP3 header?). I ended up wiping the iPod and reloading everything after this happened.

I did a little searching on the web for iPod armbands, intending on strapping the thing to my upper arm, when I found the following post on USENET:

Subject: Re: bought an ipod! From: Lawson Stone  Newsgroups: rec.music.makers.guitar.jazz Date: Thu, 10 Jul 2003 01:28:17 GMT  > Be careful with your ipod when running, Apple no longer has running as a > recommended activity when using it.  The Hard Drive is very small and is > fragile, especially with the bigger models.  I have my last gen Ipod 10GB and > its great!!  I run with mine all the time. The best way to carry it is on an arm-band. I got a velcro armband used for dealing with forearm pain--it's very tough and can be wrapped very tight. I clip the ipod on it via the included "belt pouch" and it doesn't skip at all.  Now, if I fell and landed on it, that'd be a catastrophe, but as far as normal use, it's really fine on a tight, sturdy arm-band

What a great idea. I happened to have one of these to deal with tendonitis from racquetball, so I gave it a try. This is by far the best, and least expensive, solution I’ve found. It works great — the iPod stopped skipping since the bouncing from running is significantly dampened by the time it gets to your forearm. I highly recommend this solution to any iPod runners out there.

CAN-SPAM is a BUST

Well, duh. In what had to be one of the dumbest attempts to control spam, our government passed the CAN-SPAM law, which placed requirements on spammers to have verifiable return addresses, use opt-out lists, etc. This story, posted on Yahoo, reports that the law is a total bust. Non-compliance fell, meaning that just over 1/2 percent of spammers are actually following the law. Of course, the other 99.5 percent just aren’t bothering.

Folks, this is going to require a technological solution. I’ve implemented whitelists and a challenge/response system. It’s not pretty, but it works. Spam is too cheap to go away, so e-mail recipients are going to have to implement systems and demand that their e-mail service providers do the same.