US District Court Judge Deborah Watts has allowed RIAA to pursue its case again XM Radio. Watts thinks that XM+MP3 devices like the Inno, Helix, and Nexus don’t quality for protection under the Audio Home Recording Act. Her ruling essentially says that it is okay to tape songs off the free radio, but not okay when it is a subscription radio service like XM. Oh Really! “At this stage of the proceeding, the court’s ruling is required to be based on the false characterizations set forth in the plaintiffs’ complaint,” XM said in a statement.