NewYorkCountryLawyer writes "In what I can only describe as a shocker, the Judge in SONY BMG Music Entertainment v. Tenenbaum has, on her own, issued an order questioning whether the jury will be allowed to decide the 'fair use' issue at all, or whether the Judge herself should decide it. Judge Nancy Gertner's decision (PDF) notes that the courts have traditionally submitted the fair use defense to the jury, but questions whether that was appropriate, since the courts have referred to it as an 'equitable' — as opposed to a 'legal' — defense. This decision came from out of the blue, as neither party had raised this issue. IMHO the Judge is barking up the wrong tree. For one, all across the legal spectrum in the US, 'equitable' defenses to 'legal' claims are triable to a jury. Secondly, as the Judge herself notes, the courts have traditionally submitted the issue to the jury. It also seems a bit unfair to bring up a totally new issue like that and give the parties only 6 days to do their research and writing on the subject, at a time when they are feverishly preparing for a July 27th trial."

Oracle Goddess sends word that YouTube is presenting IE6 users with a banner exhorting them to upgrade to a modern browser, and TechCrunch is reporting that YouTube will be phasing out support for IE6 soon. This Twitter search reflects the jubilation breaking out all over the Net at the imminent demise of this most despised and non-standards-compliant browser. The market share for IE6 is now well down in the single digits.

suraj.sun sends along an Ars writeup of the lobbying Pandora is doing now that it has secured its future, royalties-wise. Some might think it odd that Pandora is weighing in on the side of the record labels in their fight to get radio stations to pay more for the music they broadcast. "US radio stations don't pay performers and producers for the music they play, but the recording industry hopes to change that with a new performance rights bill in Congress. Webcaster Pandora has jumped into the fray on the side of the artists and labels, asking why radio gets a free ride when Pandora does not. ... With revenues from recorded music sales declining, rights-holders have turned their eyes in recent years to commercial US radio, which currently pays songwriters (but not performers or record labels)... With its own future secure for the next few years, Pandora is now turning its attention to the public performance debate here in the US, saying that the issue is a simple matter of fairness: why should webcasters have to pay more for music than traditional radio does? ... [But] the 'fairness' argument could clearly go either way. Radio might start paying a performance right; on the other hand, perhaps webcasters and satellite radio companies should simply stop paying one, relying on the old argument about promotion."

gyrogeerloose writes "According to MacRumors, NIN's iPhone application has been approved. Trent Reznor has reported via his Twitter account that the now-approved app was resubmitted without modification, which suggests that Apple reconsidered their initial rejection. This should really come as no surprise to anyone who follows Apple news since it follows the company's typical pattern of handing potentially controversial iPhone apps, especially when it concerns high-profile rejections."

coondoggie writes "In an effort to buttress its enforcement and better understand the scourge that is identity theft, the Federal Trade Commission said today its plans to conduct a wide-ranging study of victims of the crime. The FTC is looking for people harmed by the crime and said the survey will examine the remedies available to victims under the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). Among other things, the FACT Act gave consumers the right to place fraud alerts on their credit files if they are, or suspect they may become, victims of identity theft; block information on their credit reports that resulted from identity theft; and obtain copies of their credit reports free of charge."