Xbox 360: Streaming music over Live may breach laws

At E3 last week Games Toaster was shown an Xbox Live demonstration which showed the planned function of allowing users to stream their music over Live to other players while playing multiplayer games.

The streamed music could come directly from the senders digital music player or PC, it would be heard by other 360 Live players, but would not be saved on the receiver’s consoles. At the demo Games Toaster was assured this would not breach any copyright or broadcast law, because the music would not be saved.

However, when we contacted the Irish Music Rights Organisation (IMRO), while stressing his comments were not a legal opinion, Brendan Griffin Director of Finance & Broadcast Licensing at the IRMO told us "My initial reaction is yes", and unlike Microsoft stance at E3 saying it just like playing music to your friends, the IRMO added “playing music over the net between individuals is a public performance of the work and usage would have to be licensed. It would not be like playing music in your home”.

“Now who picks up the tab for this streaming is another matter altogether – It would be probably be the content provider” Griffin commented, before once more stressing “again this is not a legal opinion”. And whether the content provider is Microsoft or the users who would possible make copyrighted music available is a most likely also another matter.    

In reply, Orla Sheridan, Home and Entertainments Division Sales Manager Microsoft Ireland said, “We are currently soliciting legal advice from specific markets, but are confident that no royalties would be due in the Irish market”.

Live could possibly be seen as the music-streaming-equivalent of web torrents, not providing the content, but a means of distribution. Even if royalties organisation, such as the IMRO, ignored Live at first, if Microsoft was to grow the format to their ambitious targets could the music industry afford to ignore the issue？ 

The new version of Live is also to feature a 'marketplace' for downloading demos, and add-ons, as well as 'intelligent matchmaking' statistics, video chat, and video messaging.

Comments

[Joel]

Bullshit. It might have to be licenced, but in their wet dreams, not in reality. You are playing the music to FRIENDS, so it's under fair use (just like you were listening to music while your friend is in your room). You're not getting any income form it (case where they billed shop owners playing radio), so they can't bill you for that either. In other words - they can shove it in, at least in EU.

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Thanks for the news..

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This has been a very informative series - it has been great to have a 'masterclass' with such detailed examples for this subject area - thanks for taking the trouble to deal with it so comprehensively

[miechelrichie]

I don't think so and its better if it is taken permission.Exogamer(dot)com offers game products like like xBOX 360 ,1600 microsoft points and many update games at cheaper rate than market.It offers auction for the products.I found the concept (auction) interesting.

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yeah this is great, now that I can listen my own music while I play it's great, because there are so many songs in games that just sucks.
Thanks for share.

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I think this new function of xbox 360 is fantastic. At the beginning I thought it was not gonna be useful, but now I can see I weas totally worng and this is gonna revolutionize the market.