Document Type
Article
Media Type
Text
Abstract
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.
First Page
125
Last Page
168
Publication Date
11-1-2007
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Ferguson, Jay W.
(2007)
"XM Lawsuit: Threats to the Incentive Model of Copyright Genesis and the Obsolescence of the AHRA in a Digital Age of Hybrid Technology,"
Northern Illinois University Law Review: Vol. 28:
Iss.
1, Article 6.
Suggested Citation
Jay W. Ferguson, Comment, XM Lawsuit: Threats to the Incentive Model of Copyright Genesis and the Obsolescence of the AHRA in a Digital Age of Hybrid Technology, 28 N. Ill. U. L. Rev. 125 (2007).
