A federal judge has denied Live365’s motion for an injunction which challenged the Constitutional legitimacy of the Copyright Royalty Board.
Live365, our Internet radio provider, maintains the CRB judges should have been appointed by the President. Judge Reggie Walton said Live365 “failed to demonstrate its entitlement to the extraordinary relief” of the request.
However the issue was still not resolved, as another federal judge commented that the challenge “raises a serious constitutional issue.”
A similar challenge to the appointment of members of the Public Company Accounting Oversight Board is pending before the Supreme Court, and a decision in that case, Free Enterprise Fund v. Public Company Accounting Oversight Board, could affect the outcome of the challenge to the CRB.