Interesting comments, Debauch. A couple of points:

I believe the argument is that Napster was built with illegal copying in mind, but I can't see how this is relevant (if it was, you wouldn't be able to buy VCRs, cassette recorders, mini-disc recorders etc. etc.).

Actually, I think there is a more subtle issue here. The VCR's, casetter recorders, mini-disc recorders, and audio CD copiers all pay a tax to the RIAA and MPAA. This was part of the AHRA (the "at home recording act"). I believe that what gets the RIAA so mad isn't the piracy so much as it's the fact that things like Napster allow copying without the payment of that tax. Saying "there's no difference between Napster and a minidisc recorder" is wrong in the eyes of the RIAA because the minidisc generates revenue for them, whereas Napster does not. Many people who argue this issue seem to be concerned about the morality of piracy, when it's really just about a sales tax.

I suspect whether or not Empeg coded the facility to copy files off the unit or left it to third party developers will matter not a jot. The fact that the unit itself posesses the functionality to allow copying of files from itself is the problem.

Possibly. But for right now, Diamond won that battle already and Empeg doesn't need to worry about it. I don't know if that hill's going to remain occupied forever, but for now that's where the line is actually drawn. As long as the device is just a player as shipped, Empeg is OK. For now...

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Tony Fabris