"Sirius XM pointed out the legal problems with this, in that California law did not have a public performance right, and thus the court is effectively making up a new right under to bolt onto California's copyright law, but the judge isn't buying it. Sirius further pointed out that California's copyright law was designed to highlight what rights remained under its copyright law after the federalization of copyright for sound recordings, but again the judge isn't buying it.
It's inevitable that Sirius will appeal this ruling so it will be a while before we see where this actually ends up. Furthermore, in one of the other cases against Sirius, brought by the RIAA, it appears that the judge is leaning in the exact opposite direction. So, this situation is far from over."
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Leggett, Stephen C
Sent: Wednesday, September 24, 2014 7:51 AM
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Subject: [ARSCLIST] Latest in Flo & Eddie (Turtles) vs Sirius case