vivaoporto writes: NPR reports that "Happy Birthday to You", one of the most recognized songs in the English language, is the subject of a class action complaint over the validity of its copyright. The publisher Warner/Chappell Music owns the copyright to the "Happy Birthday" song and anyone who wants to use the song must pay a licensing fee. How did Warner/Chappell get the rights? "This is where it gets complicated," says Jennifer Nelson. She is working on a documentary about the song and paid for the rights to use it. Now she's suing Warner/Chappell to get her money back, arguing it's part of the public domain. "I think it's going to set a precedent for this song and other songs that may be claimed to be under copyright, which aren't," says Newman. The Courthouse News Service have more information about the pending suit.

An anonymous reader writes: Operating as personal offline versions of iTunes and Spotify, the téléchargeurs, or downloaders, of Mali are filling the online music void for many in the country. For less than a dime a song, a téléchargeur will transfer playlists to memory cards or directly onto cellphones. Even though there are 120,000 landlines for 15 million people in Mali, there are enough cellphones in service for every person in the country. The spread of cell phones and the music-sharing network that has followed is the subject of this New York Times piece. From the article: "They know what their regulars might like, from the latest Jay Z album to the obscurest songs of Malian music pioneers like Ali Farka Touré. Savvy musicians take their new material to Fankélé Diarra Street and press the téléchargeurs to give it a listen and recommend it to their customers....This was the scene Christopher Kirkley found in 2009. A musicologist, he traveled to Mali hoping to record the haunting desert blues he loved. But every time he asked people to perform a favorite folk song or ballad, they pulled out their cellphones to play it for him; every time he set up his gear to capture a live performance, he says, 'five other kids will be holding their cellphones recording the same thing — as an archivist, it kind of takes you down a couple of notches.'”

An anonymous reader writes: The music industry has gone through dramatic changes over the past thirty years. Virtually everything is different except the structure of the songs we listen to. Distribution methods have long influenced songwriting habits, from records to CDs to radio airplay. So will streaming services, through their business models, incentivize a change to song form itself? Many pop music sensations are already manufactured carefully by the studios, and the shift to digital is providing them with ever more data about what people like to listen to. And don't forget that technology is a now a central part of how such music is created, from auto-tune and electronic beats to the massive amount of processing that goes into getting the exact sound a studio wants.

An anonymous reader writes: Bloomberg reports that the U.S. Federal Trade Commission is probing Apple after its acquisition of Beats Electronics, and its various deals with record labels to sell music through the iTunes store. As part of the acquisition, Apple now owns the music streaming service created by Beats, and they're planning to release a new version sometime soon. This makes their ties to the record labels, already deep because of iTunes, even stronger — and could affect the labels' relationships with other streaming services, like Spotify. Investigators want to know if Apple is using these business deals as leverage for "curtailing ad-supported music and pushing more songs into paid tiers of service at higher rates."

Nerval's Lobster writes: Yahoo CEO Marissa Mayer, in a conference call with reporters and analysts, referred to the net layoffs of 1,100 employees in the first quarter of 2015 as part of a 'remixing' of the company. A 'remix' is a term most often applied to songs, although it's also appropriate to use in the context of photographs, films, and artwork. CEOs rarely use it to describe something as momentous as a major enterprise's transition, especially if said transition involves layoffs of longtime employees, because it could potentially appear flippant to observers. If you run your own shop (no matter how large), it always pays to choose words as carefully as possible when referring to anything that affects your employees' lives and careers. Despite a renewed focus on mobile and an influx of skilled developers and engineers, Yahoo still struggles to define its place on the modern tech scene; that struggle is no more evident than in the company's most recent quarterly results, which included rising costs, reduced net income, and layoffs.

journovampire writes with this interesting bit about the fallout of U2's partnership with Apple. "Remember U2's album giveway with Apple at the end of last summer? And how the world seemed to become very annoyed that its contents had been "pushed" to their devices without permission? Well, the naysayers might have been loud – but that hasn't stopped the stunt having a lasting effect on the band's popularity. That’s according to new research from retail insight experts Kantar in the US, which shows that nearly a quarter (24%) of all US music users on iOS devices in January listened to U2, nearly five months after Songs Of Innocence was released for free onto 500m iPhones across the world. In a survey of iOS users, Kantar found that more than twice the percentage of people listened to U2 in January than listened to the second-placed artist, Taylor Swift (11%)."

KentuckyFC writes: The history of pop music is rich in anecdotes, folklore and controversy. But despite the keen interest, there is little in the form of hard evidence to back up most claims about the evolution of music. Now a group of researchers have used data analysis tools developed for genomic number crunching to study the evolution of U.S. pop music. The team studied 30-second segments of more than 17,000 songs that appeared on the U.S. Billboard Hot 100 between 1960 and 2010. Their tools categorized the songs according to harmonic features such as chord changes as well as the quality of timbre such as whether guitar-based, piano-based orchestra-based and so on. They then used a standard algorithm for discovering clusters within networks of data to group the songs into 13 different types, which turned out to correspond with well known genres such as rap, rock, country and so on. Finally, they plotted the change in popularity of these musical types over time.

The results show a clear decline in the popularity of jazz and blues since 1960. During the same period, rock-related music has ebbed and flowed in popularity. By contrast, rap was rare before 1980 before becoming the dominant musical style for 30 years until declining in the late 2000s. The work answers several important question about the evolution of pop music, such as whether music industry practices have led to a decline in the cultural variety of new music, and whether British bands such as The Beatles and The Rolling Stones triggered the 1964 American music revolution [spoiler: no in both cases].

An anonymous reader writes: Smartflash LLC has won a patent lawsuit against Apple over DRM and technology relating to the storage of downloaded songs, games, and videos on iTunes. Apple must now pay $532.9 million in damages. An Apple spokesperson did not hesitate to imply Smartflash is a patent troll: "Smartflash makes no products, has no employees, creates no jobs, has no U.S. presence, and is exploiting our patent system to seek royalties for technology Apple invented. We refused to pay off this company for the ideas our employees spent years innovating and unfortunately we have been left with no choice but to take this fight up through the court system." The trial happened in the same court that decided Apple owed VirnetX $368 million over FaceTime-related patents back in 2012.

tedlistens writes: To tackle the chicken-and-egg problem faced by the Windows Phone or Blackberry — you need an app ecosystem to gain market share, but you need market share in order to entice developers to your platform — Canonical, the creators of the free, open-source Linux-based OS Ubuntu, have taken a novel approach with their new phone, which will be launched in Europe next week: The phone — the Aquaris E4.5 Ubuntu Edition, made with Spanish manufacturers BQ — won't feature apps. Instead, it will have a new user experience paradigm called Scopes. These are "essentially contextual home-screen dashboards that will be much simpler and less time-consuming to develop than full-on native apps." For instance, the music Scope will pull songs from Grooveshark alongside music stored locally on your device, without strong differentiation between the two. The user experience, writes Jay Cassano at Fast Company, seems a lot more intuitive than the "app grids" that dominate most devices.

An anonymous reader sends word of researchers getting zebra finches drunk for science. "In the latest example of strange science, researchers at Oregon Health & Science University in Portland got some finches drunk and watched what happened. Their main finding? Like drunk humans, boozed-up birds slur their 'speech.' For the study, the researchers gave grape juice to one group of zebra finches and an alcoholic juice cocktail to another group. The cocktail-quaffing finches became somewhat inebriated, with blood alcohol levels of 0.05 percent to 0.08 percent, according to NPR. 'At first we were thinking that they wouldn't drink on their own because, you know, a lot of animals just won't touch the stuff,' Christopher Olson, a researcher at the university, told NPR. 'But they seem to tolerate it pretty well and be somewhat willing to consume it.'"

Jennifer Jenkins, Director of Duke's Center for the Study of the Public Domain, points out what could have entered public domain in 2015 but won't and why we need to use the upcoming Public Domain Day to focus on the importance of copyright reform. She writes: "What could have been entering the public domain in the US on January 1, 2015? Under the law that existed until 1978 -- Works from 1958. The films Attack of the 50 Foot Woman, Cat on a Hot Tin Roof, and Gigi, the books Our Man in Havana, The Once and Future King, and Things Fall Apart, the songs All I Have to Do Is Dream and Yakety Yak, and more -- What is entering the public domain this January 1? Not a single published work."

Bennett Haselton writes The corruption of the #Ferguson and #Gamergate hashtags demonstrates how vulnerable the hashtag system is to being swamped by an "angry mob". An alternative algorithm could be created that would allow users to post tweets and browse the ones that had been rated "thoughtful" by other users participating in the same discussion. This would still allow anyone to contribute, even average users lacking a large follower base, while keeping the most stupid and offensive tweets out of most people's feeds. Keep reading to see what Bennett has to say.

A reader writes with this excerpt from a story at AppleInsider that says "During in-court proceedings of Apple's iPod/iTunes antitrust lawsuit on Wednesday, plaintiffs' lawyers claimed Apple surreptitiously deleted songs not purchased through the iTunes Music Store from users' iPods. Attorney Patrick Coughlin, representing a class of individuals and businesses, said Apple intentionally wiped songs downloaded from competing services when users performed a sync with their iTunes library, reports The Wall Street Journal. As explained by the publication, users attempting to sync an iPod with an iTunes library containing music from a rival service, such as RealNetworks, would see an ambiguous error message without prompting them to perform a factory reset. After restoring the device, users would find all non-iTunes music had disappeared. ... It is unclear if iTunes or iPod encountered a legitimate problem, though Coughlin seems to be intimating Apple manufactured the error message as part of a supposed gambit to stop customers from using their iPod to play back music from stores other than iTunes. For its part, Apple said the system was a safety measure installed to protect users."

sciencehabit writes The flutelike songs of the male hermit thrush are some of the most beautiful in the animal kingdom. Now, researchers have found that these melodies employ the same mathematical principles that underlie many Western and non-Western musical scales—the first time this has been seen in any animal outside humans. It's doubtful that the similarity is due to the physics of the birds' vocal tract, the team reports. Rather, it seems male hermit thrushes choose to sing notes from these harmonic series. It may be that such notes are easier for the males to remember, or provide a ready yardstick for their chief critics—female hermit thrushes. The study adds to other research indicating that human music is not solely governed by cultural practices, but is also at least partially determined by biology.

wabrandsma writes with this excerpt from The State Hornet, the student newspaper at Sacramento State On Monday, Sacramento State's Career Center welcomed the FBI for an informational on its paid internship program where applications are now being accepted. One of the highly discussed topics in the presentation was the list of potential traits that disqualify applicants. This list included failure to register with selective services, illegal drug use including steroids, criminal activity, default on student loans, falsifying information on an application and illegal downloading music, movies and books. FBI employee Steve Dupre explained how the FBI will ask people during interviews how many songs, movies and books they have downloaded because the FBI considers it to be stealing. During the first two phases of interviews, everything is recorded and then turned into a report. This report is then passed along to a polygraph technician to be used during the applicant's exam, which consists of a 55-page questionnaire. If an applicant is caught lying, they can no longer apply for an FBI agent position. (Left un-explored is whether polygraph testing is an effective way to catch lies.)

An anonymous reader writes: A U.S. district judge ruled last week that a decade-old antitrust lawsuit regarding Apple's FairPlay DRM can move forward to a jury trial (PDF). The plaintiffs claim that in 2004, when "Real Networks launched a new version of RealPlayer that competed with iTunes," Apple issued an update to iTunes that prevented users from using their iPods to play songs obtained from RealPlayer. Real Networks updated its compatibility software in 2006, and Apple introduced a new version of iTunes that also rendered Real Networks's new update ineffective. The plaintiffs reason that they were thus "locked in" to Apple's platform, and as a result "Apple was able to overcharge its customers to the tune of tens of millions of dollars". If the plaintiffs succeed, media content purchased online may go the way of CDs and be playable on competing devices.

Squiff writes U2 and Apple are apparently collaborating on a new, "interactive format for music," due to launch in "about 18 months." (A direct interview is available at Time, but paywalled.) Bono said the new tech "can't be pirated" and will re-imagine the role of album artwork. Marco Arment has some suitably skeptical commentary: "Full albums are as interesting to most people today as magazines. Single songs and single articles killed their respective larger containers. ... This alleged new format will cost a fortune to produce: people have to take the photos, design the interactions, build the animations, and make the deals with Apple. Bono’s talking point about helping smaller bands is ridiculous ... There's nothing Apple or Bono can do to make people care enough about glorified liner notes. People care about music and convenience, period. As for “music that can’t be pirated”, I ask again, what decade is this? That ship has not only sailed long ago, but has circled the world hundreds of times, sunk, been dragged up, turned into a tourist attraction, went out of business, and been gutted and retrofitted as a more profitable oil tanker."

Ronin Developer writes Apple has listened to the complaints of those who object to having received a pushed copy of U2's latest album as part of their recent campaign. While nobody has been charged for the download, some objected to having it show up in their purchases and, in some cases, pushed down to their devices. While it is possible to remove the album from your iTunes library, it takes more steps than most would like to take. Apple has responded and released a tool to make it possible to remove the album from your iTunes library in a single step.

Zanadou writes "Apple may have succeeded at breaking two records at once with the free release of U2's latest album, titled Songs of Innocence, via iTunes. But now, it looks like it's also on track to become one of the worst music publicity stunts of all time. Users who have opted to download new purchases to their iPhones automatically have found the new U2 album sitting on their phones. But even if iTunes users hadn't chosen automatic downloads, Songs of Innocence will still be displayed as an "iTunes in the Cloud" purchase. That means it will still be shown as part of your music library, even if you delete all the tracks. The only way to make the U2 album go away is to go to your Mac or PC and hide all of your "iTunes in the Cloud" purchases, or to use iTunes to manually hide each track from your purchased items list. Other reactions include rapper Tyler, The Creator saying that having the new U2 album automatically downloaded on his iPhone was like waking up with an STD. Update: 09/16 15:06 GMT by T : Note: Apple has released a fix.

jyosim (904245) writes People now buy songs, not albums. They read articles, not newspapers. So why not mix and match learning "modules" rather than lock into 12-week university courses? A committee at MIT exploring the future of the elite school suggested that courses might now be outdated, and recommended creating learning modules that students could mix and match. The report imagines a world in which students can take online courses they assemble themselves from parts they find online: "Much like a playlist on iTunes, a student could pick and choose the elements of a calculus or a biology course offered across the edX platform to meet his or her needs."