As noted last week, a Federal District Court rejected XM's contention that the Audio Home Recording Act insulates it from liability for copyright infringement for the services offered in connection with its new radios, which have not only a 50-hour recording capacity but an ability to find and record music that is not listened to.

The opinion is here.

The key point: The AHRA may immunize the seller of a home recording device, but this cannot be stretched to encompass a whole panoply of other services offered in connection with the device.

The case will be appealed, but it is a very solid opinion. Much as I love my XM, the company should settle this dog. I don't have one of the new radios -- mine is an old My-Fi -- but if I want this added functionality, and I do rather covet it, then it is completely fair that I pay more for it, and that some of the money go to the copyright holders.

posted by James DeLong @ 10:23 AM | Radio

Link to this Entry | Printer-Friendly | Email a Comment | Post a Comment(0)