Let's see If I Can Simplify--The Actual Arguement.
What This Is About--Is THE TYPE OF LICENSE--The RIAA Specifically Gave XM--And What Rights They Have--To Use The Music Content For.
The RIAA See's This license As A One Use License--And Claims--that Through XM's Device--They Are In Violation Of That License.
It Has Nothing To Do With Music Per-Say--But What Thier Device Is Doing With It
A Very Narrow Interpertation Of That License--Does Not Allow XM To Take A Music File--And Do Anything But Play It To It's Audience--THAT"S IT.
And The Device They Market Makes It Easy For The Consumer--To Violate That License.
A Wide Interpetation Would Say--That They Can Take The Music--And With The Protection Of The Consumer Law--Allow That Consumer To Further Record It--Though The Use Of Thier Device,
They Claim This Device--Makes XM A Distributor Of Thier Music--Which The License Does Not Allow.

The Judge--Seems To Think--XM Cannot Do That.
And Believes The RIAA Has A Case.
The Question Is--Are They FURTHER Distributing The Music--Or Not.
I'M NO LAWYER--But That's The Read I Get.
It Will Boil Down To What The License Really Says.
EMIL J KOVACH JR

Part--2
What's Interesting About this Fight--Is--XM Has Tried To Prove To This Judge--That They Are--NO DIFFERENT Than Terrestrial Radio--Compete In The Same "RADIO" Market--And The Other Stations Contents Are Being Recorded--Also--And Are Protected By The Consumer Law--Allowing Private Recording Of Similar Material--For Personal Use.
The Judge--Has Said--They Are DIFFERENT--From Teresstrial--Or FREE Radio--In As Much--As They Collect Subscription Fees--And ARE NOT THE SAME--And Are Not Covered By The Consumer Law.
IMPORTANT--The SATRAD Merger Main Arguement--Is The Same--To The FCC--They Say They Don't Compete As Much With Each Other As They Do With Terrestrial--And Should Be Included In THAT--Market--Therefore They ARE NOT A Monopoly--And Merger Is Possible.
Well--This Judge--Just Said--NO. The FCC Will Use This As Guidance--If Asked To Decide The Merger Question.
This Is Entirely Different From Terestrial Radio--And The Case Can Go Forward.
So Now They Have To Prove That They Did Not Distribute Copywrited Material--Without A License.
But The RIAA Says--They Indeed Did.
IF--And A Big IF--The RIAA Pevails--Logic Says--They Would Want Damages Equal To The Royalties--All The Illeagally Duplicated Files Would Have Got Them--And Other Damages.
Once Again--I'm No Lawyer--But I Have Stated The Information Above--On What I Read.
Check Facts--Further--To Draw Your Own Conclusion--I Have tried To State Them Here As Best I Understand Them.
EMIL J KOVACH JR

To the writer of the previously posted message:
My God man! How do you ever expect to gain attention without a firm grasp of the English language! Use your spell check, or slow down and think before you type!!! interpertation? interpetation??

I Type With Two fingers--And Your Are Right
EMIL

I DON'T KNOW WHO'S RIGHT OR WRONG HERE. ONE THING I'VE NOTICED ON BLOGS AND MESSAGE BOARDS IS THAT PEOPLE IN THE WRONG USUALLY JUMP ALL OVER THE GRAMMER AND SPELLING OF PEOPLE IN THE RIGHT.

correct me if i'm wrong, but the judge simply refused a motion for dismissal. meaning, there were sufficient grounds to go forward with the trial, which is different than a judgment one way or the other, and really implies nothing other than the judge feels the recording industry deserves it's day in court.

"Utilizing the Inno’s 1GB of internal memory, you can record any song you hear from the XM network directly to the Inno. Because the Inno buffers live songs, you can hit the record button midway through a song and still capture the whole thing. Recorded songs are available through a separate menu that sorts by either artist name or song name. You can also create multiple playlists from these recorded songs, making it even easier to go straight to the music you want"
This Is What The RIAA Has A Problem With--From The Device's Operating Description.
EMIL J KOVACH JR

READ ENTRY ABOVE--Very Carefully--It Would Appear To Me--That This Device--Exists For One Reason Only--To Record Songs--And Play Them Back--
With The Added Bonus--Of Letting You Record That Song--AFTER You First Heard It--Rather Than--Recording EVERYTHING First--Then Having To Edit Out--Music--You Don't Really Want.
Note--It Says Nothing About--SHOWS.
IF I Owned the Rites To That Music--I'd Be Very Upset Also.
EMIL J KOVACH JR

I Don't Think the Market Understands--That XM + Sirius Enjoy A Freedom
Of Content--Not Allowable Under Terrestrial Rules.IF--XM + Sirius Were
To Be Considered In The SAME Market As Terrestrial--And Therefore ARE
NOT A Monopoly--It Would Mean--Their Content Must Also Comply--To
Those Rules--OR--The Rules Must Be Relaxed To The Terrestrial
Side--To Allow Fair Competition. Fact--They Are Subscription
Services--Disguised As Radio Stations--And Enjoy A Competitive Rule
Advantage--Not A Radio Station Driven By Advertising
Revenues--Subject To Different Content RulesAnd So It GoesEMIL J
KOVACH JR

WHICH MEANS--The MERGER--If It Ever Happened--Could Mean--HOWARD--Would Be Under--The OLD Terrestrial Rules--He Just Ran From.
So--Take Your Pick.
EMIL J KOVACH JR