New York (AP) - A judge has ruled that the lawsuit against XM Satellite Radio Holdings Inc. may proceed to trial.

The lawsuit brought by the record industry claims that XM directly infringes their copyright by allowing consumers to record off the radio using combined XM-MP3 players.

XM claims that it is protected from infringement lawsuits since a 1992 act allows individuals to record music off the radio for private use. The judge did not see it this way and said there was merit in the case and refused to toss it out.

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