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RECORDING INDUSTRY v. DIAMOND MULTIMEDIA SYSTEMS

No. 98-56727.

180 F.3d 1072 (1999)

RECORDING INDUSTRY ASSOCIATION OF AMERICA, a New York not for profit corporation; Alliance of Artists and Recording Companies, a Pennsylvania not for profit corporation, Plaintiffs-Appellants, v. DIAMOND MULTIMEDIA SYSTEMS INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 15, 1999.

Attorney(s) appearing for the Case

Hadrian R. Katz (argued), Laurence J. Hutt, Arnold & Porter, Washington, D.C., for the plaintiffs-appellants.

Andrew P. Bridges (argued), Wilson Sonsini Goodrich & Rosati, Palo Alto, California, for the defendant-appellee.

John B. Wyss, Wiley, Rein & Fielding, Washington, DC, for amicus Consumer Electronics Manufacturers Association.

Before: O'SCANNLAIN and TASHIMA, Circuit Judges, and REED, District Judge.

O'SCANNLAIN, Circuit Judge:

In this case involving the intersection of computer technology, the Internet, and music listening, we must decide whether the Rio portable music player is a digital audio recording device subject to the restrictions of the Audio Home Recording Act of 1992.

I

This appeal arises from the efforts of the Recording Industry Association of America and the Alliance of Artists and Recording Companies (collectively, "RIAA") to...

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