there have been developments since the Library of Congress copywrite board ruling, namely that there is a bi-partisian bill, Internet Radio Equality Act (H.R. 2060), that would seek to over turn that decision. people are encouraged to write their congressmen on the issue.
also Feinstein is again seeking to get passed the PERFORM bill that would require Satellite, Internet Radio provides to apply DRM to their broadcasts to prevent piracy. Wonder if HD radio is included under that...
bottom line is record companies wont be happy until they can sell DRM enabled CDs and players and close the analog loophole... because of course illegal downloading and internet radio is solely to blame for their declining sales.