Photo Credit: SiriusXM
Has SoundExchange’s unsettled royalties suit versus SiriusXM progressed into an full-blown war? The satellite radio giant is striking back at the problem and requiring, amongst other things, damages for counterclaims.
SiriusXM sent its response and counterclaims today, roughly one year after SoundExchange tooklegalactionagainst for north of $150 million in apparently owed royalties. Besides covering the case in information at the time, we’ve charted the courtroom fight’s twists and turns in the interim.
In summary, SoundExchange chalks up the declared underpayment to SiriusXM’s “artificial” inflation of income attributable to webcasting in joint satellite and online radio bundles. Royalties are determined at various rates for each, and naturally, the complainant states the supposed misclassification brought about enormous illegal costsavings for the accused.
Now, 12 months and one place modification lateron, SiriusXM is swiping back harder than ever, consistingof by refuting the problem’s accusations.
Moving beyond that point-by-point refutation, SiriusXM’s affirmative defenses incorporate however aren’t minimal to arguments that the action stopsworking to state a claim and is time disallowed. Consequently, the case must be tossed with bias, according to SiriusXM, the Pandora subsidiary of which is involved in a royalties claim with the MLC on the compositional side.
However, far and away the most fascinating element of SiriusXM’s aggressive opposition to the action is the abovementioned collection of counterclaims.
Keeping the focus on brass-tacks takeaways, SiriusXM is declaring that it “unavoidably paidtoomuch SoundExchange substantial excess royalties on earnings” from the joint satellite and online bundles while it was refining its redu