JoeChartreuse wrote:
If SC loses the Music Express Declaritory case, anyone who paid will have done so for nothing...
I don't believe this to be accurate.
There is a difference between media-shifting something you already own and buying a hardrive or downloading tracks that you don't own.
I have not read the information on the ExpressWay suit, but I can't imagine that even if it goes against Sound Choice that it opens the door for us to download Sound Choice tracks without paying for them. I believe it would simply start clearing up the issue of whether we can media-shift what we do own without fear of being sued.
More Info -
In the case of a CAP agreement, you are able to cover yourself regardless of how you obtained the Stellar tracks. In fact, with the CAP agreement, you don't have to have any physical discs at all. Download the Stellar library, get a CAP, and now you have in essence paid $3200 for their entire library which you get to use forever (there are conditions but they are easy enough to abide by).
Sound Choice requires you to either get an audit to verify 1-1 against your physical library or purchase the GEM series which is only licensed and have to be re-verified annually. Either way, you have to own their original disc based product or license the GEM series. SC's covenant does not cover the use of any SC tracks that you don't own or haven't licensed. You have to have legally obtained the product before working out a media-shifting arrangement with SC.
-Chris