XM Satellite Radio asked a federal judge Monday to throw out a copyright lawsuit by the recording industry over the company’s new iPod-like device that can store up to 50 hours of music.
XM Satellite said the 1992 Home Recording Audio act protects it from being sued over its $400 handheld “Inno” device. The law bans some copyright claims against equipment makers and consumers who make digital music recordings for private use.
In a court filing, XM Satellite said the 1992 protections represent “Congress’ efforts to insure that the powerful recording industry would not be able to restrict the right of consumers to record songs that are broadcast over the radio or stifle innovation by chilling the development and use of the latest recording technologies.”
The lawsuit, filed in May in New York by the largest record labels, accuses XM Satellite of “massive wholesale infringement” because the new gadget can record hours of music and automatically organize recordings by song and artist. The device is sold under the slogan, “Hear it, click it, save it.”
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