XM Satellite Radio asked a federal judge to throw out the RIAA's lawsuit on Monday. In the court filing, XM Satellite Radio uses the 1992 Audio Home Recording Act as it's basis for arguement, in fact highlighting the fact that the RIAA's case does not even mention the AHRA (a statute that the RIAA themselves endorsed). It's odd that legislation that the RIAA has urged the enactment of is not being brought up in the civil lawsuit.
XM continues:
One of the main points by the RIAA in their lawsuit is the claim that XM Radio's license is limited to playing music in "non-interactive radio-like service" - and that with the introduction of the Pioneer Inno, XM has somehow breached this license. XM disputes this point because of what an "interactive service" is defined as under the Copyright Act: one that "enables a member of the public to receive a transmission of a program specially created for the recipient, or on request, a transmission of a particular sound recording... which is selected by or on or behalf of the recipient."
XM is not an "interactive" service. Being able to call up XM and request a song, like terrestrial radio, does not make XM "interactive" as is defined under the Copyright Act. XM subscribers can only hear what XM chooses them to hear, and transmission is not "distribution" as the RIAA alleges.
The RIAA is going to have a hard time disputing these facts without the use of misinformation and rhetoric as they have been doing. Also on Monday, the Consumer Electronics Association - joined by the Home Recording Rights Coalition - sided with XM Satellite Radio in a court filing stating that the company was protected against such lawsuits by the 1992 AHRA law.
[more on Forbes]
XM continues:
The AHRA was enacted to encourage the development of "digital audio recording devices" by prohibiting the filing of copyiight infingement suits, such as this one, based on the manufacture, importation. distribution and use of such devices. The inno - an AHRA compliant radio/recorder distributed by defendant XM Satellite Radio Inc. ("XM') is a "digital audio recording device" within the meaning of the AHRA. Accordingly, the AHRA mandates dismissal of this action.
One of the main points by the RIAA in their lawsuit is the claim that XM Radio's license is limited to playing music in "non-interactive radio-like service" - and that with the introduction of the Pioneer Inno, XM has somehow breached this license. XM disputes this point because of what an "interactive service" is defined as under the Copyright Act: one that "enables a member of the public to receive a transmission of a program specially created for the recipient, or on request, a transmission of a particular sound recording... which is selected by or on or behalf of the recipient."
XM is not an "interactive" service. Being able to call up XM and request a song, like terrestrial radio, does not make XM "interactive" as is defined under the Copyright Act. XM subscribers can only hear what XM chooses them to hear, and transmission is not "distribution" as the RIAA alleges.
The RIAA is going to have a hard time disputing these facts without the use of misinformation and rhetoric as they have been doing. Also on Monday, the Consumer Electronics Association - joined by the Home Recording Rights Coalition - sided with XM Satellite Radio in a court filing stating that the company was protected against such lawsuits by the 1992 AHRA law.
[more on Forbes]
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