ADVISORY/RIAA Holds Telephone Press Conference to Discuss Court Decision on Diamond Rio Litigation.--(BUSINESS WIRE)-- WASHINGTON--Oct. 26, 1998--A federal district court judge today denied a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. requested by the Recording Industry Association of America and the Alliance of Artists and Recording Companies The Alliance of Artists and Recording Companies, Inc. (AARC) is the US collective that represents featured artists and recording companies both domestically and abroad in the areas of hometaping/private copy royalties and rental royalties. against the distribution of Diamond Multimedia's Rio portable MP3 recording device. Judge Audrey B. Collins accepted most of the legal arguments made by the plaintiffs and concluded that the Rio is likely to be covered by the Audio Home Recording Act. That is, it is likely to be found to be a "digital audio recording device" within the meaning of the statute, and not just a "player." Accordingly, the device would therefore be subject to the requirements of the AHRA AHRA Audio Home Recording Act AHRA American Healthcare Radiology Administrators AHRA American Hot Rod Association AHRA Arabian Horse Registry of America AHRA American Home Recording Act AHRA Advanced Helmet Sight Reticle Assembly AHRA Automatic Header Rate Adjustment relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the payment of royalties. With respect to the requirement that the device incorporate serial copying management technology, however, the judge found that it was likely that the Secretary of Commerce would conclude that the Rio adequately "prohibit(s) unauthorized serial copying" under his statutory authority to do so, because many of the MP3 files being transferred to the Rio would not contain the codes necessary for such technology to operate in any event. Judge Collins therefore concluded that, whether or not the Rio had serial copying management technology, "a Rio user could still use the device to record unauthorized MP3 files posted to the Internet" and "the Rio would still contribute to the traffic in illegal MP3 files." Based on these findings, the court ruled that a preliminary injunction should not be issued. In light of the court's decision, the Recording Industry Association of America (RIAA (Recording Industry Association of America, Washington, DC, www.riaa.com) A membership association of music recording companies. Its goal is to promote the record label industry and protect the rights of copyright owners. It was a major contributor to the SDMI digital distribution system. ), the trade group representing the U.S. sound recording industry, will hold a telephone press conference to discuss the court decision on the Diamond Rio This article is about the american country band. For the MP3 player brand, see Rio (digital audio players). Diamond Rio is an American country music band formed in 1984 in Nashville, Tennessee. litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. and the RIAA's intentions for the future. The RIAA invites the media to participate in the conference call to discuss these developments. -0-
What: Media Conference Call
When: 1:00 p.m. EST / 10:00 a.m. PST Tuesday, October 27, 1998
Who: Hilary Rosen, President and CEO, RIAA
Cary Sherman, Sr. Executive Vice President and General
Counsel, RIAA
How: To join this conference call dial 1.800.553.5260 at 12:55
EST and request the RIAA announcement
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