“The MLC is not authorized to opine on whether particular transmissions offered by Pandora or other DMPs [digital music providers] are properly characterized as interactive or noninteractive as a legal matter,” Pandora wrote in its firmly worded answer, “much less whether Pandora qualifies for statutory licensing under a different section of the Copyright Act (Section 114) that falls outside the MLC’s purview.
Source: Pandora Fires Back Against ‘Misguided’ MLC Royalties Lawsuit