Search for: "XM Satellite Radio Inc."
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20 Jan, 2007 11:13 pm
... greenlighting the trial in which Atlantic Recording Corp., BMG Music, Capitol Records Inc. and others music companies accuse XM of
infringment. The plaintiffs claim (link to complaint) that devices combining both XM radio and MP3
... copyrighted works as does the use of a recorder which stores songs from private radio broadcasts on a subscription fee basis." Of course
the assault on satellite radio is also continuing on the hill with language contained in the new
version of the Platform Equality ...
29 Jan, 2007 6:00 am
The Audio Home Recording Act does not immunize a satellite radio provider from copyright litigation,
where the provider offered subscribers a device that could both receive satellite radio broadcasts
and record and retain songs from such broadcasts. Atlantic Recording Corp. v. XM Satellite
Radio, Inc., NO. 06 Civ. 3733 (S.D.N.Y., Jan. 19, 2007). The court denied the defendant's motion to dismiss based ...
17 Jul, 2007 4:40 am
... 1992 Audio Home Recording Act, Atlantic Recording Corp. v. XM Satellite Radio,Inc., 2007 WL 136286, 81 USPQ2d 1407 (S.D. ... individual tracks. In a rare stance by a very liberal judge, Judge Batts regarded XM's reliance on Section 1008 as so facially mertiless that she refused to look ... (DARD) "absolute immunity" from infringement). Her decision was, however,
based on "the unique circumstances of XM being both a broadcaster and a DARD distributor," and its violation of the terms of its license, 2007
...
22 Jan, 2007 7:16 am
... Deborah Batts of the SDNY in Atlantic Recording Corp. et al v. XM Satellite Radio, Inc. You can get the decision on Cathy Kirkman's Silicon ... unlimited playback, but when the subscription ends so too does access to the songs.
XM's position was clear, although in the court's opinion, extreme: Section 1008 ... not that the distinction matters. The court also stated
that the labels were not claiming "XM is infringing on their copyrights by distributing a [digital audio recording device]." Section 1008 ...
1 Mar, 2007 4:36 pm
... such a combination will prove to be successful or fruitless. The potentiality of a merger of Sirius Satellite Radio Inc. and rival, XM Satellite Radio Holdings Inc. proved to be an exception to the "rule" as it was instantaneously more favored amongst shareholders than ... form could have very
serious repercussions, especially if no limitation is contracted for limiting Sirius and XM from raising prices to exorbitant levels. While the
Delaware Chancery Court is a court of equity and often in favor ...
2 Sep 8:45 am
... from broadcasting songs by Canadian artists represented by CSI, until XM's operating company, Canadian Satellite Radio Inc., pays royalties that CSI alleges were due on ... than the total equivalent rates of 7.1%
set by the board, that conventional commercial radio stations pay to obtain similar licences. Also, in the Copyright Board's press ... due no
later than July 31, 2009." According to the CP report, CSI alleges that the Canadian Satellite Radio
Inc. indicated it will not pay royalties until 2010.
24 Jul, 2008 6:18 pm
On Wednesday, the FCC agreed to fine XM Satellite Radio
Holdings and Sirius Satellite Radio Inc. $17.5 million and $2.2 million, respectively, to
resolve the issue of interference the satellite radios cause with land-based radio stations.
The two radio companies...
6 Jan, 2008 9:16 am
XM Satellite Radio Holdings Inc. said it has settled
a infringement lawsuit filed by Universal Music Group and hopes to reach deals with the other music companies. The dispute centers around XM's
portable "Inno" device, which can store and record music from satellite radio. Read the article:
Reuters
23 Feb, 2007 6:22 am
The proposed merger of XM Satellite Radio Holdings
Inc and Sirius Satellite Radio Inc. must run the definition of market gauntlet. If
regulators responsible for enforcing federal anti-trust rules (the Clayton Act in particular) define the market narrowly, they will...
17 Dec, 2007 9:25 am
Universal Music Group and XM Satellite Radio Holdings
Inc. said they have agreed to settle a copyright infringement lawsuit over a portable music player sold by the broadcaster that enables users to make digital copies of music. The
deal calls for XM to pay Universal Music a fee for every device sold with the ability to make digital copies of individual tracks, a person
familiar with the agreement said on ...
24 Mar, 2008 2:57 pm
... industry. The combination still requires approval from the Federal Communications Commission, which prohibited a merger when it granted satellite radio operating licenses in 1997.The Justice Department, in a statement explaining its decision, said the
combination of the ... , Internet-based radio stations and even devices like Apple Inc.'s iPod."The likely evolution of technology in
the future, including the expected introduction in the next several years of mobile broadband Internet devices, made ...
18 Jun, 2007 5:08 am
Daniel Sokol has the list with links. Here's the short version. Expert Declaration of J. Gregory Sidak Concerning the Competitive Consequences of the Proposed Merger of Sirius
Satellite Radio, Inc. and XM Satellite Radio, Inc., J. Gregory Sidak Behavioral Economists at the Gate: Antitrust in the 21st Century,
Maurice E. Stucke Mandating Access to Telecom and the Internet: The Hidden Side of Trinko, ...
17 Apr, 2008 7:00 am
For being the first Overlawyered blogger to have a post cited in a federal case. In Taylor v. XM Satellite Radio, Inc., 533 F.Supp.2d 1151 (N.D. Ala. 2007), XM
argued that the class action demanding a refund for a 24-hour outage was moot because they offered refunds well ... post by David discussing the refunds and the ludicrousness of the
suit. Case dismissed for mootness, though the court also noted that XM had no contractual obligation to provide continuous uninterrupted
service.
19 Jan, 2007 9:01 am
By LARRY NEUMEISTER Associated Press Writer NEW YORK (AP) _ A lawsuit in which record companies allege XM Satellite Radio Holdings Inc. is cheating them by letting consumers store songs can proceed toward trial, a
judge ruled Friday ... a three-hour period. But by broadcasting and storing copyrighted music for later listening by the consumer, the judge said XM is both a broadcaster and a distributor, but only paying to be a broadcaster. ''The record companies sufficiently allege that serving as a ...
16 Jun, 2008 10:52 am
... - but I'm not sure that you can really fool enough people to get the satellite radio market to
grow much. But, hey, I won't buy cable TV so what do I know? F.C.C. Chief Backs XM-Sirius Deal (pdf) he chairman of the Federal Communications
Commission is recommending approval of the $ ... Chairman Kevin Martin on Sunday to recommend approval for Sirius Satellite Radio Inc.'s buyout of rival XM Satellite Radio Holdings Inc. […] […] "As I've indicated before, this is an unusual situation," Martin ...
3 Sep 9:17 am
... images following a counter-notice. 2: Copyright owners sue XM Radio Canada XM Radio Canada (Note: XM and Sirius are separate companies in Canada) is
being sued by ... for unpaid royalties. Earlier this year, the Copyright Royalty Board of Canada ruled that both XM and Sirius had to pay
millions in back royalties dating to 2005. The deadline ... , which would likely be a death blow to the company. XM Radio Canada and its parent company, Canadian Satellite Radio Inc.,
have indicated that they plan to pay ...
3 Jul, 2007 7:18 am
... 24 hours before the meeting. B. Other May FCC Activity. 1. Pleading Cycle Established for XM-Sirius Merger (MB Docket 07-57). The FCC, on
June 8, approved the pleading cycle for the merger of XM Satellite Radio Holdings and Sirius Satellite Radio Inc. Comments or
Petitions to Deny are due July 9, and the Reply Comments or Oppositions follow on July 24. Back on February 19, XM and Sirius signed a merger
agreement, which calls for the two companies to combine their programming. The ...
28 Feb, 2007 7:02 am
... Future of the World Wide Web." The House Judiciary Committee is holding a meeting on February 28 concerning the proposed XM-Sirius merger.
C. Legislative Calendar. The House and Senate are in session for all of March. II. ... public meeting is not yet available. III. Antitrust Agency Activity/Deal Announcements
XM-Sirius Announce Proposed Merger. On February 19, XM Satellite Radio Holdings and Sirius Satellite Radio Inc. signed a merger agreement, which calls for the two companies to combine their ...
25 Mar, 2008 2:00 am
... Investments in Mortgage-Backed Securities 03/24/2008 Statement From the Department of Justice Regarding the XM-Sirius Merger (PDF 86.7 KB)
Statement Regarding the Decision to Close Investigation of XM Satellite Radio Holdings Inc.'s Merger With Sirius Satellite Radio
Inc. 03/24/2008 The Future of NATO and European ... 98.4 KB) Proposals as Prepared by the Department of Defense on March 21, 2008 © Copyright GalleryWatch.com, Inc. (1999
- 2008), provided under license. NO CLAIM TO ORIGINAL U.S. OR ...
12 Jan, 2008 2:37 am
... case. As will be discussed further below, several Plaintiffs have already sued a national radio broadcaster, XM Radio, based on a variant of the same "making available" theory that they advance here. See Atlantic Recording
Corp. v. XM Satellite Radio, No. 1:06-cv-03733-DAB
(S.D.N.Y. filed May 16, ... number of other courts that have addressed this issue in the digital context. See National Car Rental Sys., Inc. v. Computer Assoc. Int'l, 991 F.2d
426, 434 (8th Cir. 1993); ...
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