I think the change of heart is more due to the recent comments/sort of announcement about the new product which as we all recall uses the same base software [at source level, if not binary level] as the Empeg does now.
So this feature will be in the code set for this product and also available to Empeg owners.

I also think you can assume if there is any relaxing of attitudes to the RIAA and others its most probably due to the fact that 1 more lawsuit won't much bother SB much given that they offer the same share and enjoyTM features in the ReplayTV 4000 right now.