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...

Digital Graveyard: Database of RIAA Litigation

Ray Beckerman of the blog "Recording Industry vs. The People" has a database of litigation documents from a large number of copyright infringement cases initiated by the recording music industry. This is a great resource for those interested.

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

Law Prof. Drops Suit Against 'Above The Law' Blog

According to Above the Law blog, Prof. Donald Jones has voluntarily dismissed his lawsuit against Above the Law blog publisher David Minkin and Breaking Media.

Pursuant to Rule 41(a)(1)(A)(i)(B), the dismissal is without prejudice. But if Professor Jones were to attempt to refile at this point in time, he would encounter a statute of limitations problem.

There was NO SETTLEMENT in this case. Above the Law has made no changes to our prior posts, and we have paid no money to Professor Jones. The case was dismissed by the plaintiff without anything from our side, except a letter from our lawyer.

For analysis of the legal insufficiency of the complaint that undoubtedly led to the voluntary dismissal of the lawsuit, head over to the Copyrights & Campaigns Blog and The Volokh Conspiracy.

Jones v. Minkin Complaint

"The Download Decade"

Canadian newspaper The Globe and Mail is doing a multi part series: The Download Decade.

In addition to examining the progression of illegal downloading during the last 10 years, The Globe and Mail have collected news stories on downloading going back to the year 2000.

Rappers Lil Wayne and Birdman Sued for Copyright Infringement

According to Billboard.com:

The lawsuit says Cash Money Records had [the plaintiff] record some "Italian-styled" repartee in 2006. The suit says his work was used without pay or permission on "Respect" and other tracks from the rappers' joint 2006 album "Like Father, Like Son" and Birdman's 2007 album "5 Star Stunna."

The irony that the work was used on the track "Respect" has not gone unnoticed.

Takedown Hall of Shame

The Electronic Frontier Foundation have created the Takedown Hall of Shame: a list of the worst copyright and trademark threats against the makers of "creative expression".

Video Lectures on Intellectual Property Law

Academic Earth, named by TIME as one of the top 50 websites of 2009, collects video lectures uploaded on the web and streams them. Lectures on a variety of subjects are available from schools such as Yale, Harvard, Princeton, Berkeley, MIT and Stanford. Of particular interest are four lectures taught by MIT Prof. Keith Winstein concerning intellectual property.

"Topics covered include: structure of federal law; basics of legal research; legal citations; how to use LexisNexis®; the 1976 Copyright Act; copyright as applied to music, computers, broadcasting, and education; fair use; Napster®, Grokster®, and Peer-to-Peer file-sharing; Library Access to Music Project; The 1998 Digital Millennium Copyright Act; DVDs and encryption; software licensing; the GNU® General Public License and free software."

Intellectual Property Podcast

I recently stumbled across the Intellectual Property Colloquium, a podcast that focuses on copyright and patent law. The podcast is a conversation with people in the IP field. Each podcast is about an hour long and can be either streamed or downloaded. Attorney's in California, Illinois, New Hampshire, New York, Tennessee, Texas, and Washington can get CLE credit for listening to the show. An archive of the podcasts can be accessed HERE. The current show asks: can content survive online?