] The Webcaster Alliance alleges that this and an earlier
] agreement with Yahoo! "had the intent and effect of
] restraining competition in the market for domestically
] recorded sound recordings and in the market for the
] Internet distribution for such sound recordings."

This much is true, as the Library of Congress has found, and as Yahoo testified in Congress. There is probably enough meat here for a case. This is not "a publicity stunt." This is THE fundamental arguement that years of RIAA drama centers around. Will the future of music be determined by large, centralized interests, by a distributed network of independent entities, or by a combination of both. The RIAA would prefer that the second and third options be illegal.