Feeds

RIAA's legal win not so easy listening for XM

Passive restraint

The Essential Guide to IT Transformation

XM Satellite lost its bid to get a copyright infringement lawsuit dismissed, paving the way for the case challenging two radio receivers that allow listeners to make digital recordings of songs played on XM channels.

US District Judge Deborah Batts upheld the action, in which the Recording Industry Association of America (RIAA) alleges that the Inno, made by Pioneer, and Helix, manufactured by Samsung, transform passive listening into what amounts to a digital download service. Such a "service" violates an agreement with the labels that XM operate solely as a broadcaster, according to media reports.

XM claimed that the Home Recording Act of 1992, which permits individuals to make recordings for private use, should prevent the lawsuit from going forward. The RIAA brought the suit last May on behalf of almost a dozen labels, including Atlantic, BMG , Capitol, Elektra and Motown.

Batts rejected that argument, saying XM allows listeners to go back and capture songs in their entirety even if the listener only started recording part-way through the song. XM also allows customers to review playlists of broadcast songs so they can be replayed in the future.

"The record companies sufficiently allege that serving as a music distributor to XM + MP3 users gives XM added commercial benefit as a satellite radio broadcaster," Batts said. She flatly rejected the broadcaster's argument that the players are much like traditional radios equipped with tape recorders.

An XM spokesman said the company is confident it will prevail, saying the ruling was "based on the false characterizations set forth in the plaintiffs' complaint." ®

HP ProLiant Gen8: Integrated lifecycle automation

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
White? Male? You work in tech? Let us guess ... Twitter? We KNEW it!
Grim diversity numbers dumped alongside Facebook earnings
Bose says today IS F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.