Capitol Records v. MP3Tunes

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Definitely the most important case to come out in a while and may impact Google Music Beta and Amazon Cloud Service.


Spotify Patent Infringement Lawsuit

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I imagine this may have seemed innovative in 1995 to the patent examiner at the time seeing as the internet was brand new and music was still on CDs but do we want to really reward the genericness of this patent and stifle innovation?


Spotify Terms of Service

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I have been reading the Terms of Use and Terms of Service for many of the new online music services recently and this excerpt of text from Spotify stood out from the rest:

13. Advertising and use of computational resources

Spotify has a right to allow the Spotify Software Application and the Spotify Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Spotify Software Application and the Spotify Service, and to facilitate the operation of the network on which the Spotify Software Application and the Spotify Service runs.

Spotify® Terms and Conditions of Use
Effective as from 14 July 2011

Which basically means that you agree to allow Spotify to use processing power and bandwidth at your disposal. You can not opt of this requirement and at minimum must provide them with 1gb of data storage space (the default setting is 10% of free disk space) on the machine you install the application on.

Of course, you could always turn it off.

Sonic Youth & Cassette Culture

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repost of an item from the Induce Act blog circa March 2005 (and links to (someone else’s) pics from the sat nite (8/12/6) show I attended after the break. I’ve seen SY many times before in concert, but this was definitely one of the best shows of theirs that I’ve seen.)

Thurston Moore on Grokster:

For those of us who think that digital delivers a harsher sound than analog, it’s a sonic nightmare dealing with the new world reality of MP3s. They’re even more compressed and harsh than CDs, and in the case of vintage grooves – be it Led Zeppelin, Bad Brains, or Pavement – sound even more detached from musical vibration.

But even if MP3 music sounds lame, as long as it’s recognizable in form, free, and shareable, it’s here to stay.

Once again, we’re being told that home taping (in the form of ripping and burning) is killing music. But it’s not: It simply exists as a nod to the true love and ego involved in sharing music with friends and lovers. Trying to control music sharing – by shutting down P2P sites or MP3 blogs or BitTorrent or whatever other technology comes along – is like trying to control an affair of the heart. Nothing will stop it.

Adapted from Mix Tape: The Art of Cassette Culture, edited by Thurston Moore.

Brooklyn Vegan: Yeah Yeah Yeahs & Sonic Youth (McCarren Pool, Brooklyn, NYC)

* YYY 8/12 pics / setlist: (similar to the show in D.C. on NPR all songs considered except they ended with Y Control)

* SY 8/12 pics with M. Ibold of Pavement / setlist: Teenage Riot, Reena, Incinerate, What a Waste, Eric’s Trip, Do You Believe in Rapture?, 100%, Turquoise Boy, Rats, Jams Run Free, Pink Steam (Thurston’s lo9ve song to a girl he met in 1979), Shaking Hell (encore)

Related: SY band website / SY on The Hype Machine


Paper: MP3 Blogs & Copyright Infringement

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In response to my Copyrights and Music Blogs post, Anthony Volodkin of The Hype Machine has brought to my attention this interesting paper, entitled MP3 Blogs : A Silver Bullet for the Music Industry or a Smoking Gun for Copyright Infringement? [link], by Cardozo’s Andrew Goldstone on ‘an analysis of the current state of copyright law in relation to various aspects regarding the editing, publishing and hosting of MP3 Blogs.’

Excerpt: “This paper will consider various types of copyright infringement and their applicability to MP3 blog. In addition, should these theories be applied to MP3 blogs, an explanation of how the court might proceed with an analysis will be included. In addition, I will discuss the fair use defense, its applicability to the actions of MP3 bloggers, and various factors that might cause the court to view the position of MP3 blogs more favorably than it has peer-to-peer networks.”