BlueBeat CEO Hank Risan discusses the Lawsuit and the "Psychoacoustics" Defense

BlueBeat Chief Executive Hank Risan participated in a Q&A with Pop & Hiss, the L.A. Times Music Blog, and went into further detail of how BlueBeat "transformed" the Beatles' songs using "Psychoacoustics".

If you actually listen to our 320 [Kbps MP3] recordings versus the actual CDs, you’ll hear a remarkable difference. They’re created with the intention of recreating a live musical performance. When you listen to them, they’re done in a virtual soundstage of using psychoacoustic simulation, and the intention is to create a live performance -- as if you are there listening to the actual performers doing the work as opposed to a copy or a phonorecord or CD of the work.

Hank Risan went on to say that "Psychoacoustics" is about "how the brain perceives sound. You can then create new sounds that may very well be similar to the original sounds, but you can control how you create those sounds using parametrics like timbre, loudness, other pitch." It sounds like Mr. Risan is argueing that by tweaking the volume and EQ, you can make a fair use copy of someone's music and even sell it as your own. Talk about a stretch...

The Battle Over the Beatles: Court Orders Temporary Injunction Against BlueBeat

The Federal Court enjoined BlueBeat today from "selling and streaming tunes by The Beatles and other EMI artists". More over at Copyrights & Campaigns.

Order granting TRO in Capitol v. Bluebeat

The Battle Over the Beatles: Capitol Records v. BlueBeat

Earlier this week BlueBeat began offering 25 cent downloads of the Beatles' catalog of music. Only problem: BlueBeat did not have a licensing right to do so. Further, the Beatles' catelog is not available anywhere legally for digital download. EMI has now filed suit seeking a temporary restraining order. EMI's (Through Capital Records) Complaint, BlueBeat's reply, and EMI's response to the reply are below. Head over to Copyright & Campaigns for analysis of the case.

Capitol Records v. BlueBeat Complaint

Defendants' Opposition to TRO in Capitol v. BlueBeat

Plaintiffs' Reply in support of TRO in Capitol v. Bluebeat