I seem to remember that the Rio case was overturned because:

a - It didn't record
and:
b - It wasn't capable of digital output, hence SCMS wasn't applicable

Problem is, copying data out of the unit digitally might verge on what someone would call digitial output. Yes, the Rio can do this with 3rd party software, but not with the stuff shipped with it: and it's this way with the empeg too. The protocol supports reading of files (at some point we intend to add a "play on PC" option beside the "play on empeg" one, which streams the data over USB to the PC where it gets played) and so when the specs of the protocol are released someone could write their own backup program.

We'll release the specs/source of the protocol when we have some time - however, at the moment we're all very busy with both the mk2 and other projects which are all due to see the light of day in the near future :)

Hugo