Jan 22, 2007 • 1 min read

XM fail to have Inno copyright lawsuit dismissed

A US federal court has refused XM's bid to dismiss a copyright suit from record labels over its Inno device, which lets listeners capture and replay radio tracks.

More copyright type litigation for you. A Federal Court over their in the States has denied attempts by satellite radio company XM to dismiss a copyright infringement suit against them. This relates to the previously reported run in between XM and the record companies over the satellite broadcaster's Inno device, which enables listeners to capture tracks from its radio output to listen back to on demand at their leisure. Which is great for the listeners but, the record labels argue, it makes XM's offer more of a download service than a radio service which, I'm sure there's no need to tell you out in their CMU land, has significant licensing implications, oh yes. Hence the litigation. But XM claim that their service falls under clauses in the 1992 US Audio Home Recording Act which allows some non-commercial private digital copying. It was on those grounds that XM argued that the lawsuit issued against them by the record companies last May should be dismissed. Alas, the Federal Courts disagree, although XM say they remain confident their defence will prevail, even if the case does go to court, with a spokesman telling reporters: "XM remains confident that the lawsuit filed by the record industry is without merit and that we will prevail. The real facts strongly support our view that the lawsuit is barred by the Audio Home Recording Act".

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