QoS is fine, so long as the policy is explained (preferably in detail) along with the advertised bandwidth.

Concerning the public vs. private disclosure of facts, would it have been considered private if it had been posted not on Myspace but on Facebook, with restricitions limiting the viewing audience to certain people? Also it might be difficult to prove the claim that the business failed as a result of publishing her editorial. Lots of businesses are failing these days.

The record companies probably aren't even obligated to pass any of that media tax proceeds along to the artists. I'd be surprised if they aren't hoarding 100% of it. It's extortion, pure and simple. And if citizens are paying this media tax, shouldn't they being protected from copyright infringement lawsuits?