I feel paragraphs 9 & 10 of the 1st Counterclaim could prove crucially important with regard to the lawsuit. Remember the Court has ruled in favor of EDIG in that the digEplayer is unique since it uses Random Block Encoding as part of the DRM technology.

9. Although e.Digital granted to digEcor in the 2005 DRM an “exclusive license” to the “DRM technology” in the “aircraft industry,” that license was limited by the DRM, as explained in the Addendum One thereto, to the adaptation of Random Block Encoding (“RBE”) to the digEplayer.

10. e.Digital designed the eVU independently from the digEplayer, and the eVU does not use the DRM technology or RBE as defined by the DRM.

This begs the question, can EDIG sell its independently designed eVU that doesn’t use DRM technology or RBE? Apparently EDIG, Mezzo, <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:sm... />Lufthansa, Malaysia Airlines, and Alitalia believe the answer is YES.