Legal Analysis of the SiriusXM Loss in New York

First, a disclaimer: I am not a lawyer, nor am I even studying to be one. None of this should be considered any kind of legal advice. I’m just a guy who likes copyright law, and due to the magic of the Internet, I am able to actually read the various court cases. I suggest that you do the same, so I’ve included links to them in this story.

Now, about that. State court rulings, especially below the appeals court level, are still relatively hard to find. The only source I could get for many of these cases comes from a site called Casetext. While they make the entire texts of the rulings available, after a few minutes, an overlay pops up asking you to register, and it won’t let you read the rest of the text until you do. Refreshing the page will give you another couple of minutes. This annoys me as much as it annoys you, and if I find another site that has the rulings, I’ll update the links.

A couple of days ago, SiriusXM once again lost to Flo & Eddie, former band members of The Turtles, and current holders of the band’s sound recordings. I posted an article about it called SiriusXM loses to Turtles again, this time in New York. At that point, I didn’t have the time to go through the entire ruling. But I have now, and boy, is it a doozy.

Unsurprisingly, I don’t think this case was correctly decided. In this article, I’ll analyze the ruling, and show why I think it was wrong. But be forewarned, there is a lot of legalese to go through, and a lot it involves copyright concepts that are fairly obscure. Nonetheless, it is a fairly significant ruling (more than the California case), so it’s well worth reading if you’re a copyright wonk like me.
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SiriusXM loses to Turtles again, this time in New York

FIrst of all, my apologies for the lateness of this post, and for not updating this blog in a while. There are several stories in the pipeline, but I personally haven’t had time to finish them. I’m working on it, but you know what they say about life.

As has been widely reported, the SiriusXM cable radio station has once again lost to Flo & Eddie, the two former Turtles members who hold the copyrights to the Turtles catalog. SiriusXM had already lost in California, and now they lost again, this time in New York State. Continue reading