p2pnet news view | RIAA:- The RIAA’s claim that personalized internet radio stations were ‘interactive services’ has been flatly rejected ‘as a matter of law’ by the US Court of Appeals for the Second Circuit, in Arista Records v Launch Media.
In affirming the jury’s verdict in favor of the defendant, Launch Media — acquired during the lawsuit by Yahoo! — the Court said it did not even need to concern itself with possible errors in the jury instructions, since the trial judge should have directed a verdict for defendant ‘as a matter of law’ on the question of whether the radio stations were ‘interactive services’.
At pages 23-42 of its 42-page opinion (PDF), the appeals court carefully analyzed how Launch Media’s personalized internet radio stations worked, and noted that the users could neither obtain and play on demand a particular song, nor obtain the transmission of a particular program, thus rendering the RIAA’s claim of ‘interactivity’ meritless.”
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