Late last week a U.S. District Court judge ruled the record label suit against XM Satellite Radio can proceed.
The case has implications for future HD Radio devices with store and replay capability.
The RIAA has said satellite radio in general has morphed into a download service with the introduction of new portable devices that allow consumers to store and replay some songs. In the suit, the RIAA alleges that “XM + MP3” players infringe on their copyrights.
XM said in a statement it believes the recording is protected by the 1992 Home Audio Recording Act and looks forward to making its case in court.