This was an interesting case because ASCAP wants to charge twice essentially. I dunno. Music should be priced fairly and then you can do whatever you want with it. If you play it for an audience, then you should pay the fees associated. But ASCAP was trying to tack that fee on to downloads regardless of if it was actually played for audiences or not.
The US Supreme Court late Monday rejected ASCAP’s attempt to claim that song downloads are public performances. Its verdict upheld an earlier appeal ruling without added comment. The earlier, federal-level judge pointed to basic logic for support, contending that a digital recording isn’t necessarily being played live to a wide audience just because it had been transferred over the Internet….
Another link for the same judgement here -> SCOTUS lets stand ruling that downloads are not performances