realjd writes with news out of Florida that music licensing companies are now hitting small bars and coffee shops that offer live music, even if only occasionally and even if the musicians don't get paid. One coffee-shop owner told musicians they can only perform their own songs from now on. "A restaurant owner who doesn't even offer live music was approached for payment for having the TV on while the Monday Night Football theme played. And if the owners pay up to one licensing company, all of the others start harassing them, calling four times a day, demanding payment too. It sounds like they don't even check whether any copyright violations occurred, they're just sending bills to any business that may or may not have live music."

jmcharry writes "From the Washington Post: 'Attention, all aliens. Come on down. Because, seriously, this is your crowd. About 50,000 of your closest admirers are expected this weekend for the Roswell UFO Festival, celebrating the 60th anniversary of the nearby crash landing of a flying saucer — and, naturally, the ensuing government cover-up.'"

Several readers let us know that the University of Washington has announced that it will pass on RIAA settlement offer letters to students identified, presumably by IP address, as suspected file sharers. "The notices say offending students have 20 days to settle with the association by paying it about $3,000 to $5,000 or be taken to court without possibility of a settlement." The Vice Provost for Student Life sent an email to all students saying, "The University has been notified by the RIAA that we will be receiving a number of these early settlement letters. After careful consideration, we have decided to forward the letters to the alleged copyright violators."

DrBenway sends us to Ars Technica for a report that Florida and Utah have placed draconian restrictions on the sale of used music CDs; Wisconsin and Rhode Island may soon follow suit. In Florida, stores have to hold on to CDs for 30 days before they can sell them — for store credit only, not cash. Quoting: "No, you won't spend any time in jail, but you'll certainly feel like a criminal once the local record shop makes copies of all of your identifying information and even collects your fingerprints. Such is the state of affairs in Florida, which now has the dubious distinction of being so anal about the sale of used music CDs that record shops there are starting to get out of the business of dealing with used content because they don't want to pay a $10,000 bond for the 'right' to treat their customers like criminals."

Gareth writes "Business 2.0, a magazine published by Time, has been warning their readers against the hazards of not taking backups of computer files. So much so that in an article published by them in 2003, they 'likened backups to flossing — everyone knows it's important, but few devote enough thought or energy to it.' Last week, Business 2.0 got caught forgetting to floss as the magazine's editorial system crashed, wiping out all the work that had been done for its June issue. The backup server failed to back up."

ISurfTooMuch writes "With the furor over the impending rate hike for Internet radio stations, wouldn't a good solution be for streaming internet stations to simply not play RIAA-affiliated labels' music and focus on independent artists? Sounds good, except that the RIAA's affiliate organization SoundExchange claims it has the right to collect royalties for any artist, no matter if they have signed with an RIAA label or not. 'SoundExchange (the RIAA) considers any digital performance of a song as falling under their compulsory license. If any artist records a song, SoundExchange has the right to collect royalties for its performance on Internet radio. Artists can offer to download their music for free, but they cannot offer their songs to Internet radio for free ... So how it works is that SoundExchange collects money through compulsory royalties from Webcasters and holds onto the money. If a label or artist wants their share of the money, they must become a member of SoundExchange and pay a fee to collect their royalties.'"

eldavojohn writes "Scientists are hoping that the 'coaxial cable' style nanotube they developed will resolve energy issues that come with converting sunlight to energy. The plants currently have us beat in this department but research is discovering new ways to eliminate inefficiencies in transferring photons to energy. Traditional methods involve exciting electrons to the point of jumping to a higher state which leaves 'holes.' Unfortunately, these electrons and holes remain in the same regions and therefore tend to recombine. The new nanotubes hope to route these excited electrons off in the same way a coaxial cable allows a return route for electrons. End result is fewer electrons settling back into their holes once they are elevated out of them yielding a higher return in energy."

An anonymous reader writes "News.com.au is reporting that the ARIA [Australia's Version of the RIAA] is making plans to have ISPs cancel or terminate the accounts of those who download music illegally. If the user is on dialup, that's not a problem: their telephone line will be disconnected. 'Fed up with falling sales, the industry — which claims Australians download more than one billion songs illegally each year — has been discussing tough new guidelines with internet service providers (ISPs) since late last year. The music industry is lobbying for a three strikes and you're out policy to enforce their copyright. Under this system, people who illegally download songs would be given three written warnings by their Internet service provider. If they continued to illegally download songs, their internet account would be suspended or terminated.'"

spazimodo writes "From the announcement e-mail from Speakeasy CEO Bruce Chatterley: 'I am pleased to announce that Speakeasy has been acquired by Best Buy, an innovative and growing Fortune 100 company and the top consumer electronics retailer in North America. This is a significant milestone for our company as our new relationship will help us realize our goals of becoming the No. 1 provider of voice and data solutions to small businesses. It is important to note that though Speakeasy will now be a wholly owned subsidiary of Best Buy, we will continue to operate as a standalone, independent operating division with headquarters in Seattle.' As a longtime Speakeasy customer, it's too bad to see their business moving in this direction. Back in the day when I called up their support with a problem, and mentioned I was using an OpenBSD box as a firewall/gateway the response was: 'cool!' — slightly different from the response Comcast or Verizon would give. I can't imagine they'll be able to maintain that independence, and there's no way I'm paying a premium for Internet service to Best Buy."

NewYorkCountryLawyer writes "The latest target of the RIAA's ire is a 10-year-old girl in Oregon, who was 7 when the alleged infringement occurred, and whose disabled mother lives on Social Security. In Atlantic v. Andersen, an Oregon case that was widely reported in 2005 when the defendant counterclaimed against the RIAA under Oregon's RICO statute and other laws, the defendant's mother sought to limit the RIAA's deposition of the child to telephone or video-conference. The RIAA has refused, insisting on being able to grill the little girl in person. Here are court documents (PDF)."

prostoalex writes "Music sales are not just falling, they're plummeting — by as much as 20% when you compare January-March 2007 with the 2006 numbers. The revenue numbers are actually worse, since CD prices are under pressure. The Wall Street Journal lists many factors contributing to the rapid decline: 800 fewer retail outlets (Tower Records' demise alone closed 89); increasingly negative attitude towards CD sales from big-box retailers (Best Buy now dedicates less floor space to CDs in favor of better-selling items); and file sharing, among others. Songs are being traded at a rate about 17 times the iTunes Store's recent rate of sales. Diminishing CD sales means that you don't have to sell as many to get on the charts. The 'Dreamgirls' movie soundtrack recently hit #1 by selling 60,000 CDs in a week, a number that wouldn't have made the top 30 in 2005."

Implied Oral Consent writes "You know how the NFL puts up those notices before every game saying 'This telecast is copyrighted by the NFL for the private use of our audience, and any other use of this telecast or of any pictures, descriptions or accounts of the game without the NFL's consent is prohibited?' Well, Ars Technica is reporting that Wendy Seltzer thought that that was over-reaching and posted a video of the notice on YouTube. Predictably, the NFL filed a DMCA Take Down notice on the clip. But Ms. Seltzer knows her rights, so she filed a DMCA Counter Notice. This is when the NFL violated the DMCA, by filing another Take Down notice instead of taking the issue to court — their only legitimate option, according to the DMCA. Unfortunately for the NFL, Ms. Seltzer is a law professor, an EFF lawyer, and the founder of Chilling Effects. Oops!"

NewYorkCountryLawyer writes "The RIAA has now brought suit against a stroke victim in Michigan in Warner v. Paladuk. The defendant John Paladuk was living in Florida at the time of the alleged copyright infringement, and had notified the RIAA that he had not engaged in any copyright infringement. Despite the fact that Mr. Paladuk suffered a stroke last year (pdf), rendering him disabled, the RIAA commenced suit against him on February 27, 2007. Suing the disabled is not new to the RIAA. Both Atlantic v. Andersen in Oregon and Elektra v. Schwartz in New York were suits brought against disabled people who have never engaged in file sharing, and whose sole income is Social Security Disability. Both of these cases are still pending. The local Michigan lawyer being used by the RIAA in the Paladuk case is the same lawyer who was accused by a 15 year old girl of telling her what to say at her deposition in Motown v. Nelson. In the Warner v. Scantlebury case, after the defendant died during the lawsuit, the same lawyer indicated to the court that he was going to give the family '60 days to grieve' before he would start deposing the late Mr. Scantlebury's children."

DigitalDame2 writes "Lance Ulanoff of PCMag believes that the Viacom and YouTube lawsuit is a bad idea because it has the potential to damage the burgeoning online video business; instead, it could work with the millions of people who are currently viewing Viacom content on YouTube. On the other side, Jim Louderback, an editor-in-chief of PCMag says that Lance doesn't know what he's talking about: with all the content available online for free, Viacom can kiss those investments goodbye. YouTube is actively filtering, actively allowing uploads, and making money off of the content that's been uploaded. The courts will find that Viacom has been wronged, that Google has not done enough to protect the rights of copyright holders, and that Google owes Viacom reparations. Whose side are you on?"

jkrobin writes to mention that a recent report from the US Patent office calls peer-to-peer file sharing harmful to children and a threat to national security. "Interestingly, the report makes numerous references to RIAA and MPAA legal actions against file actions, as well as cites a 2005 Department of Homeland Security report that government workers had installed file-sharing programs that accessed classified information without their knowledge."