XM Satellite Radio - whose future may rely on a pending but uncertain merger with rival Sirius Satellite Radio - has enough headaches without having to worry about a ridiculous coffer-draining lawsuit from music publishers.

The millions of consumers who will never subscribe to satellite radio should pay attention. Should the National Music Publishers of America prevail, the freedom of anyone to burn CDs or store music for personal use on computers or MP3 players could be jeopardized.

Much like the Recording Industry Association of America, which filed a similar copyright-infringement lawsuit against XM last year, the music publishers want the courts to penalize the satellite company for selling portable receivers that let subscribers temporarily store XM programming and then replay it on demand.

The lawsuit seeks $150,000 in damages for each "violation," meaning each of the hundreds of thousands of copyright-protected songs XM plays.

Problem is, a 1992 law allows people to make copies of music they own for personal use. Tunes stored on these units cannot be transferred to any other medium - not to a computer, an MP3 player or a CD. Moreover, XM already pays royalties to music publishers.

This lawsuit could erode legal protections for the personal use of other recording technologies.We hope the courts will see this case for what it is - an attempt by the music industry to punish consumers by shaking down an entrepreneurial rival.