ljaszcza writes "Daily Tech brings us a story about Sony's run-in with the Mexican police. (Billboard picked up the story as well.) It seems that they raided Sony's offices and seized 6,397 music CDs after a protest from the artist, Alejandro Fernandez. Fernandez had signed a seven-album deal with Sony Music; he completed that commitment and then left for Universal. During the time with Sony, he recorded other songs that did not make it into the agreed-upon seven albums. Sony Music took it upon themselves to collect that material and release it as an eighth album. Fernandez claims that he fulfilled his contract with Sony, and residual material belongs to him. Hmm. Precedent from the Jammie Thomas infringement and distribution case gives us $80K per song. Sony vs. Joel Tenenbaum gives $22.5K per song. So 6,397 CDs at an average of 8 songs/CD is 51,176 infringing songs, with (IMHO) intent to distribute. The damages to Fernandez should be $1,151,460,000 using the Tenenbaum precedent or $4,094,080,000 using the Thomas precedent. Seems very straightforward to me."

innocent_white_lamb writes "The Canadian Private Copying Collective is pushing for the implementation of an iPod fee in Canada to compensate them for 'losses' when people copy music to their digital music players. They have collected a fee from every CDR sold in Canada since 1997 and now want to extend that to digital music players. From the article: 'Some have argued that once they buy a CD they shouldn't have to pay again and again to listen to those songs — which they already purchased — on a personal compilation CD or on their MP3 player. But for people like Milman and Basskin, it's about recognizing the value of those works. "There has to be some sort of way to compensate the artist for the hours and the sweat and the blood and the tears and the extreme, extreme expense that goes into making music," Milman said.'"

CNN is running an interview with Eran Egozy and Alex Rigopulos, founders of Harmonix, about the long road that eventually led them to the creation of Guitar Hero and Rock Band . It wasn't an quick or easy process, and the two worked on a number of unsuccessful concepts before arriving at the games that redefined a genre. Quoting: "I was watching people interact with our product, and the realization came crashing down on me — we had spent 18 months on a music system that was fundamentally flawed. Karaoke isn't about personal expression. It's about people reproducing the songs they know as accurately as they can. The whole notion of adding improvisation elements just wasn't connecting. So I retreated to my hotel room and was depressed for the next two days. The company was on the rocks. We had zero revenue. We had been trying for four years to make something work. We were out of ideas. Those first four years had been a graveyard of mis-starts and product concepts that never made it anywhere. Worse, there was adequate information about two years into those four years to realize that our big concept was fatally flawed."

mikp writes "In a David-and-Goliath style fight, small music companies are battling it out with established behemoths to see who can own the future of mobile music. Spotify, the Europe-based music streaming company, is about to launch its iPhone app and has plans to develop it for other mobile platforms soon. In a preview, Spotify shows how you can cache songs to your iPhone so that you don't always need a connection but the songs don't remain on your iPhone permanently. Nokia, on the other hand, has just announced two more music phones that will feature Comes With Music, an unlimited music-download service that involves a one time fee, which is part of the price of the CWM phone, and lets you download music for free (and you get to keep it) for a year. The question remains, are people more likely to stream or download music on their mobile phones?"

Officials at the Sea Life London Aquarium are hoping that "The Walrus of Love" can work his magic on Zorro, their six-year-old zebra shark. For some reason Zorro hasn't been able to seal the deal with his potential mate, Mazawabee. The aquarium hopes that playing White's, "Baby We Better Try To Get It Together" and "My First, My Last, My Everything" will heat things up between the two sharks. If Barry doesn't do the trick they plan on giving Marvin Gaye, Diana Ross and Lionel Richie a shot. "Zorro has something of a reputation as a 'ladies' shark'' and as Mazawabee has been 'single' for a number of years now we really thought they would get together very quickly. But it's been months since their first introduction and although there are certainly signs that Zorro has been making advances, we would really have expected some serious mating by now. Research suggests that fish can not only hear music but can appreciate different tunes and melodies so we have decided to see if some good old fashioned love songs will get them in the mood," said Paul Hale, the aquarium curator.

theodp writes "As the world prepares to meet the Beatles all over again on 9-9-9, the NY Times Magazine takes a look at the making of The Beatles: Rock Band, and asks a Fab Four tribute band to take the game for a test drive. (Not surprisingly, they fare well.) 'As huge as Guitar Hero and Rock Band have been over the past few years,' says Harmonix Music Systems co-founder Alex Rigopulos, 'I still think we're on the shy side of the chasm because the Beatles have a reach and power that transcends any other band.' The Beatles: Rock Band follows the group's career from Liverpool to the concert on the roof of Apple Corps in London in 1969 (trailer). The first half of the game recreates famous live performances; the second half weaves psychedelic dreamscapes around animations of the Beatles recording in Studio Two. 45 songs deemed the most fun to play, rather than the band's most iconic numbers, come with the game."

Nerdfest writes to mention that just weeks after Apple announced their new "Cocktail" digital album project, the four big record companies are moving forward with their own project dubbed "CMX." The new digital album will feature songs, lyrics, videos, liner notes, and artwork. "However, this may be of little interest if CMX isn't compatible with iTunes, the default music software for iPods, iPhones and Apple computers. Whereas labels are eager to resuscitate the album format in an age of singles, Apple is concerned with selling hardware, including a tablet computer rumored to be launching this fall. The major labels plan to launch CMX, which is just a working title for the format, in November. It will reportedly be 'soft-launched' with a few select releases."

The Narrative Fallacy writes "The Washington Post reports that online swindling takes dedication even in the best of times but succeeding in the midst of a worldwide economic meltdown takes patience, resolve, and hard work. 'We are working harder. The financial crisis is not making it easy for them over there,' said Banjo, 24, speaking about Americans, whose trust he has won and whose money he has fleeced, via his Dell laptop. 'They don't have money. And the money they don't have, we want.' US authorities say Americans — the easiest prey, according to Nigerian scammers — still lose hundreds of millions of dollars a year to cybercrimes, including a scheme known as the Nigerian 419 fraud, named for a section of the Nigerian criminal code. 419 is cemented in Nigerian popular culture. and the scammers, known as 'yahoo-yahoo boys,' are glorified in pop songs such as 'Yahoozee,' which gained even more fame after former secretary of state Colin L. Powell danced to it at a London festival last year."

After enjoying several years of popularity, music games seem to be drawing less and less interest from gamers lately. Guitar Hero and Rock Band titles have been conspicuously absent from a list of the 20 best-selling software titles in the past two months, and one report estimates that revenue from those games has dropped by almost half. Analyst Jesse Divnich suggests that there's no longer much room for dramatic improvements in game play, saying, "it would be erroneous to assume that any franchise or brand can grow unless it brings something new to the table. After a while, utility to the gamer will diminish and he/she will surely move on." Nevertheless, the companies are happy to continue to rely on DLC sales while working on new releases. Harmonix is showing off a trailer and a partial set list for The Beatles: Rock Band, and Neversoft has detailed a number of new features and tracks for Guitar Hero 5.

suraj.sun sends in this excerpt from CNet: "One of the most recognizable brands in the history of illegal downloading is due to officially resurface, perhaps as early as next week, sources close to the company told CNET News. Only this time the name Kazaa will be part of a legal music service. Altnet and parent company Brilliant Digital Entertainment attached the Kazaa brand to a subscription service that will offer songs and ringtones from all four of the major recording companies. For the past few months, a beta version has been available. The company tried recently to ratchet up expectations with a series of vague, and what some considered misguided, press releases. The site will open with over 1 million tracks." The NYTimes has a related story about how the music industry is trying to convert casual pirates by offering more convenient new services.

Bakkster writes "Independent artists will be able to use the XNA Creator's Club to produce the Rock Band note-charts for their music and sell them in game later this year. Bands will use their original song masters and generate a MIDI file that produces the game 'gems' to which players can follow along. Tracks must pass a review process with other XNA members, and then a final approval from MTV Games. Songs will be sold for between 50 cents and $3, with the artist getting a 30% cut after MTV and Microsoft take their cut. The best tracks will also make their way to the Wii and PS3 after a 30-day exclusive period."

atlanticbreakers writes ""Dr. Phil Maymin is an Assistant Professor of Finance and Risk Engineering at the Polytechnic Institute of New York University. He holds a Ph.D. in Finance from the University of Chicago, a Master's in Applied Mathematics from Harvard University, and a Bachelor's in Computer Science from Harvard University. He found a correlation between the annual average beat variance of the songs in the US Billboard Top 100 since its inception in 1958 through 2007 to the standard deviation of returns of the S&P 500 for the same year. He makes an interesting statement about Michael Jackson's songs."

Techdirt points out that the EFF is examining the constitutionality of the recent $1.9 million verdict awarded in favor of the RIAA against Jammie Thomas. While on the surface it may seem that this excessive award should be easy to overturn since grossly excessive punitive damage awards are considered to violate the Due Process clause of the US Constitution, the Supreme Court seems to have been ignoring precedent and upholding copyright's importance at any cost. "Given the size of the statutory damages award, Ms. Thomas-Rasset's legal team will likely be seriously considering a constitutional challenge to the verdict. A large and disproportionate damage award like this raises at least two potential constitutional concerns. First, the Supreme Court has made it clear that 'grossly excessive' punitive damage awards (e.g., $2 million award against BMW for selling a repainted BMW as 'new') violate the Due Process clause of the US Constitution. In evaluating whether an award 'grossly excessive,' courts evaluate three criteria: 1) the degree of reprehensibility of the defendant's actions, 2) the disparity between the harm to the plaintiff and the punitive award, and 3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations. Does a $1.92 million award for sharing 24 songs cross the line into 'grossly excessive?' And do these Due Process limitations apply differently to statutory damages than to punitive damages? These are questions that the court will have to decide if the issue is raised by Ms. Thomas-Rasset's attorneys."

Aguazul writes with this excerpt from the Guardian: "The music industry likes to insist that filesharing — aka illegal downloading — is killing the industry; that every one of the millions of music files downloaded each day counts as a 'lost' sale, which if only it could somehow have been prevented would put stunning amounts of money into impoverished artists' hands. ... If you even think about it, it can't be true. People — even downloaders — only have a finite amount of money. In times gone by, sure, they would have been buying vinyl albums. But if you stopped them downloading, would they troop out to the shops and buy those songs? I don't think so. I suspect they're doing something different. I think they're spending the money on something else. What else, I mused, might they be buying? The first clue of where all those downloaders are really spending their money came in searching for games statistics: year after year ELSPA had hailed 'a record year.' In fact ... games spending has risen dramatically — from £1.18bn in 1999 to £4.03bn in 2008. Meanwhile music spending has gone from £1.94bn to £1.31bn."

LSDelirious writes "10 individuals in the UK have been arrested in connection with an online fraud gang, whereby the group created several songs, had the songs uploaded to iTunes and Amazon, then used thousands of stolen credit cards to repeatedly purchase the songs from these services. It is estimated that they charged approximately $750,000 worth of fraudulent purchases, netting the group over $300,000 in royalties payments."

According to scientists, city Great Tits prefer other city Great Tits over country Great Tits. (Lets act like adults). The researchers found that the city dwellers responded more strongly to songs of fellow city dwellers and the same held true for the bumpkins. The average minimum pitch of male Great Tit songs in noisy urban areas was higher than in quieter, rural areas just a few miles away. Dr Rupert Marshall, of Aberystwyth University, Wales, and his team recorded bird song in 20 different cities in Britain. He says, "People speak louder and higher in noisy places like pubs and bars but still recognise their friends' voices once they go outside. Great tits seem to learn the high notes from their neighbours but don't respond as strongly to lower rural tones even when it's quiet."

ArfBrookwood writes "Every year, I write a Christmas Letter and send it to about 50 people, and every year, it's different. One year it was just the word blah blah blah over and over with keywords, one year I made papercraft wallets with full color cards and money in them, another year I created a Christmas Letter writing contest that instructed the recipients to create our Christmas Letter for us and we awarded prizes to winners, last year, I took a fake retro photo of my family, Inkscaped/GIMPed in a chemistry set and some wall art, printed it onto CD covers, and burned retro Christmas songs onto digital vinyl and sent everyone in the family what looked like a miniature Christmas album. Last week, I came into the possession of 78 2GB USB drives. I have already taken the time to wipe them clean and reflash the memory so they are blank slates." Now, Arf's looking for suggestions for how to best use all these drives; read on for more.

Activision confirmed the existence of Guitar Hero 5 last week, and now they've released details about some of the game's new features. Quoting 1Up: "... the new Party Play mode allows players to swap instruments and difficulties on the fly — even in the middle of a performance. You'll also be able to play Guitar Hero 5 with any combination of instruments, be it four drum kits, two microphones and two guitars, or any other possible configuration of four players." They also listed a few of the songs, which include "All Along the Watchtower" by Bob Dylan and "Ring of Fire" by Johnny Cash. Meanwhile, their music-game rival Harmonix has revealed the full set list for Rock Band Unplugged, coming out early next month for the PSP.

Reservoir Hill writes "The NYTimes reported in their June 13, 1897 edition that 'Canadian pirates' were flooding the country with spurious editions of the latest copyrighted popular songs. 'They use the mails to reach purchasers, so members of the American Music Publishers Association assert, and as a result the legitimate music publishing business of the United States has fallen off 50 per cent in the past twelve months' while the pirates published 5,000,000 copies of songs in just one month. The Times added that pirates were publishing sheet music at 2 cents to 5 cents per copy although the original compositions sold for 20 to 40 cents per copy. But 'American publishers had held a conference' and a 'committee had been appointed to fight the pirates' by getting the 'Post Office authorities to stop such mail matter because it infringes the copyright law.' Interestingly enough the pirates of 1897 worked in league with Canadian newspapers that published lists of songs to be sold, with a post office box address belonging to the newspaper itself. Half the money went to pay the newspapers' advertising while the other half went to the pirates who sent the music by mail." The AMPA never dreamed of suing their customers, though.

SailorSpork writes to tell us that the rumored LEGO Rock Band has been confirmed, and it's set to be released later this year. The game is being developed for the Xbox 360, PS3, Wii, and DS. The press release lists the first five songs selected for the game, and says players will "work their way through local venues, stadiums and fantasy locations on Earth and beyond, that mimic the imaginative settings that the LEGO world offers. Also continuing the LEGO 'build-and-play' gaming experience, players will be able to create their own LEGO Rock Band style as they customize their minifigure avatars, band and entourage, including roadies, managers and crew." A new page on the Xbox website provides more (slightly odd) details: "Play killer riffs to destroy a giant robot, summon a storm, and demolish a skyscraper using the power of rock!"