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How long until SiriusXM faces the music?

A few weeks ago, SiriusXM fired the law firm they hired to defend their illegally using Pre-72 songs without paying artists for their works. Why?

Apparently because judges in California and New York had ruled against their case — recognizing the right of pre-72 artists to be paid for the use of their work. SiriusXM has hired a new law firm, which claimed to have found the magic bullet – a supposedly overlooked 1940s ruling that would completely justify SiriusXM’s actions.

But that looks like another dry well for SiriusXM. Late Friday afternoon, SiriusXM’s latest claim went bust, along with the credibility of their new lawyers. Via Law360 (subscription required):

"A New York federal judge ruled Friday that a decades-old Second Circuit ruling wouldn't force her to reverse her ruling that SiriusXM needs to pay to play pre-1972 records, saying the satcaster's new attorneys ... made 'a clear error' by digging up the old decision.

"Sirius swapped legal teams last month after the latest in a string of losses over the old recordings, which are covered by state laws, not federal copyright…”

This ruling comes shortly after a California judge similarly refused to change her opinion too.

We know Sirius would rather blame lawyers for losses than take responsibility for ignoring the law in states across the country. But the question is, having struck out three times before and now two more times, will they finally face the music?