Napster also cited the Audio Home Recording Act (AHRA) which it said clears all noncommercial consumer copying of music in digital or analog form.

CNN: Napster continues fight against music labels

In the government's friend-of-the-court brief, Justice Department lawyers argued that a provision of the Audio Home Recording Act does not protect Napster because the home computer is not a "recording device" as defined in the statute.

CNN: napster

" Deborah A. Batts has decided to not throw out the case which Atlantic, BMG Music, Capitol Records, and "other music distribution companies" filed against XM, and claims that the Audio Home Recording Act of 1992 does "not protect the company in this instance.

ENGADGET: Judge rules in favor of RIAA, XM ready for battle