XM Lawsuit: Threats to the Incentive Model of Copyright Genesis and the Obsolescence of the AHRA in a Digital Age of Hybrid Technology
Ferguson, Jay W.
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This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a proxy for measuring infringement. The article offers a particular look at the XM lawsuit which carries potential chilling effects on copyright dissemination in the digital age of hybrid technology where new devices can transform lawful channels of dissemination into illicit channels of diffusion.