NewYorkCountryLawyer writes "Apparently the RIAA's 'big gun' didn't fare so well this morning in Duluth, when he tried to persuade the judge in Capitol v. Thomas that the part of the Copyright Act which says 'by sale or other transfer of ownership, or by rental, lease, or lending', can be disregarded. According to an in-person account by Wired.com the Judge indicated that he is likely to grant a mistrial, setting aside the $222,000 jury verdict based upon his incorrect jury instruction, and that he will probably hand down his decision in September. Just yesterday some of the same lawyers got rebuffed by the US Court of Appeals for the Second Circuit in their attempt to argue that Cablevision's online storage for its customers constitutes a copyright infringement, in Cartoon Network v. CSC Holdings. There, too, the content owners had argued that the wording of the Copyright Act did not mean what it said. There, too, the Court politely but firmly disagreed."

This year at OSCON it seemed that you couldn't throw a stone without hitting someone from Microsoft (and in fact, I'm sure several people did). They were working very hard to make themselves known, and working desperately to change public opinion of Microsoft's involvement in the open source community. Linux.com's Nathan Willis took a look at what they were preaching, with a hefty dose of skepticism, and tries to postulate what the "angle" is. Of course, the powers that be at Microsoft may have finally seen the writing on the wall and felt the pressure from Google enough to alter their strategy a bit. For now I guess we'll have to wait with guarded optimism (or laughable contempt, depending on how old/jaded you are).

unassimilatible writes to tell us that according to the Financial Times, the music industry should embrace illegal file-sharing websites. A recent study of the recent Radiohead album release found that huge numbers of illegal downloads actually helped the band's popularity and, by extension, concert ticket sales. "Radiohead's release of In Rainbows on a pay-what-you-want basis last October generated enormous traffic to the band's own website and intense speculation about how much fans had paid. He urged record companies to study the outcome and accept that file-sharing sites were here to stay. 'It's time to stop swimming against the tide of what people want,' he said." Update 19:46 GMT by SM: Several readers (including the original author) have written in to mention that it isn't stressed enough that this study was engaged by the music industry itself, making the findings that much more interesting. Take that as you will.