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Comments: 358 +-   EMI Sues Beatles Usurper Off the Net on Friday November 06, @10:44AM

Posted by kdawson on Friday November 06, @10:44AM
from the psycho-acoustic-whatever dept.
music
court
blackest_k sends along a Wired piece on EMI's successful suit to get Beatles music off the Net. Here is the judge's ruling (PDF). "A federal judge on Thursday ordered a Santa Cruz company to immediately quit selling Beatles and other music on its online site, setting aside a preposterous argument that it had copyrights on songs via a process called 'psycho-acoustic simulation.' A Los Angeles federal judge set aside arguments from Hank Risan, owner of BlueBeat and other companies named as defendants in the lawsuit EMI filed on Tuesday. His novel defense to allegations he was unlawfully selling the entire stereo Beatles catalog without permission was that he — and not EMI or the Beatles' Apple Corp — owns these sound recordings, because he re-recorded new versions of the songs using what he termed 'psycho-acoustic simulation.' Risan faces perhaps millions of dollars in damages under the Copyright Act. And copyright attorneys said his defense was laughable and carries no weight."
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  • also known as the World's Largest Open Air Mental Institution.

    P.S. Sorry, but you'll probably only get this if you've actually visited the place.

    • by FlyingSquidStudios (1031284) on Friday November 06, @10:57AM (#30006188) Homepage
      You've obviously never been to Sedona, AZ.
        • by Homburg (213427) on Friday November 06, @11:23AM (#30006444) Homepage

          The crazy people in Berkeley wander around pushing shopping carts; the crazy people in Glastonbury sit in fields smoking pot. What is distinctive about Santa Cruz is its peculiarly high-functioning crazy people, like this guy, who are entirely divorced from reality, yet somehow manage to, for instance, run a record label.

          • by smitty777 (1612557) on Friday November 06, @12:24PM (#30007036) Journal

            As a native of the People's Republic of Berkeley, I will be organizing a march to protest this obvious attempt at profiling and oppression. Meanwhile - dude, I've got the munchies...are you going to finish those fries?

          • by timeOday (582209) on Friday November 06, @01:48PM (#30007858)
            Are you kidding? His pedantic argument sounds right at home here on slashdot. "What, you mean I'm not allowed to point a camera in a certain direction and push the button?" (just because it happens to be pointed at a copyright painting?) "You mean it's illegal to pluck magnetic waves from the atmosphere and visualize them?" (satellite TV piracy). Or, "My resampling algorithm provably changes every audio sample in the recording. Who's to say it's not an original work" (just because it sounds the same for all practical purposes), "I mean, there's obviously a slippery slope here. What percent of the bits do I have to change, 40%, 60%, hmmmmmm? Can't pick a reasonable percentage, can you? The judge in this case obviously doesn't 'get it' at all!"
            • by spitzak (4019) on Friday November 06, @03:16PM (#30009020) Homepage

              "What, you mean I'm not allowed to point a camera in a certain direction and push the button?" (just because it happens to be pointed at a copyright painting?) "You mean it's illegal to pluck magnetic waves from the atmosphere and visualize them?"

              Those all are legal.

              What you are not allowed to do is redistribute the result. Then you have violated copyright.

        • Re: (Score:3, Interesting)

          I live in Newark, NJ. I got you all beat on crazies.

          I actually had a guy attempt to attack me with a canteen. A frickin' canteen!

      • by cdrudge (68377) on Friday November 06, @12:08PM (#30006864) Homepage

        Except that Santa Cruz is synonymous with crackpot on slashdot due to people with silly names working for SCO.

        The SCO that operated in Santa Cruz is not the same SCO that sued IBM. The Santa Cruz Operation company came out with Xenix, SCO UNIX (OpenServer) and Unixware. They purchased Tarantella earlier this decade, and then sold off their Unix-related business to Caldera. As their primary business was now Tarantella, they changed names. Caldera then took over the SCO moniker eventually becoming The SCO Group. It was that company, formerly Caldera, that took on Novell, IBM, et al.

  • by jfengel (409917) on Friday November 06, @10:50AM (#30006116) Homepage Journal

    The blame falls on the lurid headline over at Wired, which completely mischaracterizes the actual article. But it's Slashdot's fault for repeating it both in the headline here and in the summary.

    For shame.

    • by Anonymous Coward on Friday November 06, @11:11AM (#30006314)

      Yeah call it "worst evar", "lurid", and "mischaracterizing", but do not try to explain *why* it is wrong, it's much more dramatic that way.

  • by Briareos (21163) * on Friday November 06, @10:51AM (#30006130) Homepage

    Is it just me, or is EMI not suing the Beatles (half of which aren't even going to show up in court), but really some fuckwad that sold illegal copies of their songs?

    np: Burial - Distant Lights (Various - 5 Years Of Hyperdub (Disc 2))

  • by killdozer3k (779295) on Friday November 06, @10:52AM (#30006134)
    If you've ever been to Santa Cruz then what the rest of the country would laugh at as ridiculous makes perfect sense there. I think its the magnetic waves from the Mystery Spot
  • Piracy (Score:5, Insightful)

    by whisper_jeff (680366) on Friday November 06, @10:53AM (#30006144)
    THIS is the sort of piracy that the RIAA (and member companies) should fight against. THIS is the sort of piracy that I think any intelligent human being opposes. THIS is the sort of copyright violation that the laws were written to combat.
    • Re:Piracy (Score:5, Insightful)

      by 0racle (667029) on Friday November 06, @11:06AM (#30006258)
      Shouldn't he have to face the same insane damages that file sharers face? Only a million in fines? If I shared Sgt. Pepper, I'd be looking at several times that and this guy was selling the whole catalog.
    • Re:Piracy (Score:4, Interesting)

      by tlhIngan (30335) <slashdot&worf,net> on Friday November 06, @11:10AM (#30006312)

      THIS is the sort of piracy that the RIAA (and member companies) should fight against. THIS is the sort of piracy that I think any intelligent human being opposes. THIS is the sort of copyright violation that the laws were written to combat.

      Ironically, those Bluebeat guys are the ones arguing for mandatory DRM [arstechnica.com] and suing all the music stores for using "inadequate DRM". A judge finds a company trying to promote their "unbreakable" DRM for copyright infringement.

    • Re: (Score:3, Interesting)

      THIS is the sort of piracy that I think any intelligent human being opposes.

      Except for those of us who think that songs over 30 years old have already been STOLEN from the public domain. Or are you talking about the post-'79 Beatles?

      • Re:Piracy (Score:5, Insightful)

        by whisper_jeff (680366) on Friday November 06, @11:36AM (#30006574)
        You do realize that a debate about the length of copyright is a different discussion from enforcement of copyright, right? Some of us think that the length of copyright should be dramatically shortened (to say the least...) AND also think that copyright holders should be encouraged to protect their copyrights when someone breaks copyright for the sole purpose of turning a profit. The two are completely different discussions. You are aware of that, right?
        • Re:Piracy (Score:5, Insightful)

          by Waffle Iron (339739) on Friday November 06, @11:50AM (#30006710)

          but I can't imagine forcing things into the public domain for living authors.

          Why not? That's the way it originally worked.

          If we went back to the original system, if the authors want to earn more money after their copyrights expire, they would have to get up off of their asses and work some more, just like the rest of us have to. If they don't want to have to work later in life, they should put some of their current earnings into a 401k, like the rest of us have to.

            • Re:Piracy (Score:4, Insightful)

              by dwandy (907337) on Friday November 06, @12:06PM (#30006844) Homepage Journal

              Well, false rumors are called "libel" or "slander", and in the USA you are able to sue the perpetrators of these acts.

              GP says shouldn't, but equally important these days is the greater realization that it's "can't": See Streisand Effect [wikipedia.org]
              And this is a key point: The internet is a giant copying and storage machine. Where the old systems may have made sense due to the difficulty and expense of publishing and disseminating information, the internet has in fact cleared the way for knowledge to be fairly universal. Where we had technological and financial barriers to which copyright may have been a viable solution we now only have an artificial barrier holding progress back.

              Regardless, ideas need to be protected for a limited time just because saying that ideas can't be owned places manual labor on a higher level than thinking.

              I'm not sure I understand your assertion.
              Are you suggesting that without copyright we won't have any ideas? That's a non-starter that ends the conversation.
              Are you suggesting that without copyright we will have less ideas? There I'll challenge you for proof of your assertion.

              Of course, maybe I've really not understood what conclusion you were working towards.

  • No, they didn't (Score:5, Insightful)

    by mcgrew (92797) * on Friday November 06, @10:56AM (#30006176) Journal

    I actually RTFA, and Beatles music is still available in internet jukeboxes. What happened is some guy tried to twist copyright law in a foolish and illogical way, saying that resampled Beatles songs are his, and he actually registered copyrights of them. The judge PREDICTABLY and logically ruled against him. I'd have laughed him out of court.

    EMI holds the real copyrights, sued, and won. The guy posting Beatles songs was clearly in the wrong. As is the summary.

    The true evil here is that the Beatles' music should be in the public domain by now; they broke up in 1971, almost forty years ago. You should be able to reuse their art in your own art by now; that was, in fact, the whole purpose of giving Congress the power to write copyright law in the first place.

  • Debugging (Score:3, Funny)

    by AioKits (1235070) on Friday November 06, @11:00AM (#30006214) Homepage
    Is it safe to say this is an action of debugging for the whole internet? They did remove some Beatles after all.
  • Of course... (Score:3, Insightful)

    by fahrbot-bot (874524) on Friday November 06, @11:15AM (#30006352)

    And copyright attorneys said his defense was laughable and carries no weight."

    ...music/movie industry copyright lawyers say this about *every* argument that interferes with their clients' business. Not saying they're wrong in this case, just sayin'...

  • by Tablizer (95088) on Friday November 06, @11:16AM (#30006372) Homepage Journal

    If Timothy Leary was born a few decades later, he'd patent psychedelic trips. Then we'd be stuck in the bland 50's forever singing doo-wap tunes.

    • by Anonymous Coward on Friday November 06, @10:50AM (#30006112)

      Psycho-acoustic simulation sounds like a real good pseudo-science.

      It's what most of us call mp3 or m4a.

      • Parent deserves to be modded up for pointing out what most people will likely miss. Psycho-acoustic simulation is the process by which audio compression techniques remove bits of audio recordings in ways that the human brain is likely not to notice. It's part of the reason MP3 files can be compressed at all.
        • Psycho-acoustic simulation is the process by which audio compression techniques remove bits of audio recordings in ways that the human brain is likely not to notice.

          But EMI don't own the particular soundwaves which comprise the Beatles' songs. Instead they own the very idea of these songs. EMI has sole and total ownership over the platonic ideals of which any particular instance of a Beatles song is merely a shadow. This ideal encompases any sound resembling the songs, any text resembling their lyrics, any album cover resembling theirs, any musical notes close enough to a Beatles tune.

          In a very real sense, EMIs ownership of this music is analogous to them owning the number 537. A platonic ideal. No matter who sings it, or performs it, or records it, or sells it, or even hums it this music belongs to EMI because they own the very idea of it. They own it now, and will probably own it in perpetuity, for the rest of eternity.

          So which is crazier; this guys argument or the concept of copyrighted music itself?

          • No matter who sings it, or performs it, or records it, or sells it, or even hums it this music belongs to EMI because they own the very idea of it.

            That's not entirely true. US Copyright law carves out some "compulsory licensing" exceptions that copyright holders are obligated to accept particular amounts of payment on and cannot deny permission. Web radio, for example. Mechanical reproduction for another (cover bands, etc). Which I believe may have been the exception this guy was going for, by trying to ride the fine line of what constitutes a new recording of the work. Even the makers of Guitar Hero did this (albeit in a much more legal way, by actually playing and rerecording the songs), and resulted with what sounded to the amateur as identical to the originals.

            So this guy's idea wasn't necessarily *crazy*, just too close to literal duplication for this judge's taste (seems even the legal system applies some common sense now and then).

        • by mea37 (1201159) on Friday November 06, @11:22AM (#30006430)

          Why, why, why must people who might otherwise help argue the case that today's copyright is broken spoil their credibility with exageration and mis-statement of facts?

          1 - Not every person on Earth benefits from public domain music. Some are too damned busy trying to remain alive.

          2 - The Beatle's copyrights do not funnel every penny made off of sale of their music to the surviving band members.

          Yes, their music should be out of copyright by now. You'd be a greater help to the cause of copyright reform that would make that happen by sticking to reality and sounding like you've thought the issue through, than by spouting off feel-good numbers that make it sound like you're wearing blinders so you can reach the conclusion you want.

            • P.S.

              >>>1 - Not every person on Earth benefits from public domain music.

              Strawman argument. I didn't say "every person". I said 6 billion, but the actual population is much higher than that, so I did not include "every" person in my first statement.

            • by schon (31600) on Friday November 06, @12:24PM (#30007038) Homepage

              Thank you for supporting my viewpoint that copyright has been hijacked. It's meant to benefit the originators of the idea, not suits that were not even born when the songs were first created.

              Actually, that's incorrect. Before copyright, there were no artists or writers clamouring for "protection". The people pushing copyright were the publishers [wikipedia.org], who wanted copyright to benefit themselves (which is exactly what we have right now.) The whole "think of the artists" stuff is propaganda invented to create support for copyright from artists and "average" people.

              Before copyright, artists considered it a complement that their work was replayed and enjoyed by others.

              This, of course, doesn't make the hoarding of our cultural works and the impingement on free expression right, but I just wanted to point out that it was never meant to protect artists, only publishers.

            • by schon (31600) on Friday November 06, @12:33PM (#30007140) Homepage

              It was not, giving 28 year terms of copyright to a populace that would live only 35 on average.

              Statistics. You fail it.

              If you have 1000 people, 500 of which died before they reached one year, and 500 of which die when they're 70, what is the average life expectancy?

              In that time period, most adults lived into their 60's, not mid-thirties. The "35 year lifespan" is a garbage statistic spouted by people who don't understand math.

    • The copyright lawyers are laughing at this guy's defense, but these are the same lawyers who think that file sharing is immoral and that record companies should have the right to sue people into poverty because of a few kilobytes of uploads.

      Generalize much?
      • Generalize much?

        never.

          • Aren't college students stereotypically poor already? Don't they have bad credit histories already? I don't see the point.

            This might hold true for "poor" college students, but not college students in general. I went to college in my mid-to-late twenties, and had pretty good credit, a lot of my friends back then were also older than normal, and had decent pre-established credit (a lot of them being ex-military/GI Bill students). A lot of the younger college kids didn't qualify as poor either, the ones who were poor, were poor by bad spending and budgeting ("I need $x in loans because I can't eat, but I just went to see Radiohead on tour in London (from Arizona)")

            Now, if they can't just erase the fines with a bankruptcy, that gives them less incentive than ever to stop file sharing. If they already have a life sentence, what more do they have to lose?

            This isn't about the file sharers who get caught, this is about deterring the file sharers who didn't get caught. I doubt that the **AA really cares about the damages they receive from the people who are caught, they just want ALL file sharers to know "we will destroy you".

            Think about it, if your a normal middle class American, and get stuck with a million dollar fine, how long would it take for you to realistically even pay off a fraction of it? I know people in their 40s (solidly middle class) who are still paying off student loans from the 70s, and these loans were vastly less than what the **AA is demanding.

    • by whisper_jeff (680366) on Friday November 06, @10:56AM (#30006174)
      So, you say you wouldn't put too much weight on what they think and then repeat exactly what they think - that the defense is laughable. Uh, ok.
    • by mcgrew (92797) * on Friday November 06, @11:19AM (#30006422) Journal

      The copyright lawyers are laughing at this guy's defense, but these are the same lawyers who think that file sharing is immoral and that record companies should have the right to sue people into poverty because of a few kilobytes of uploads.

      Ray Beckerman (/.'s NYCL) is a copyright lawyer, and he doesn't think file sharing is immoral and that record companies should have the right to sue people into poverty because of a few kilobytes of uploads. In fact he fights them tooth and nail.

      But I would bet he would agree that this guy's defense is laughable.

    • The copyright lawyers are laughing at this guy's defense, but these are the same lawyers who think that file sharing is immoral and that record companies should have the right to sue people into poverty because of a few kilobytes of uploads.

      I wouldn't put too much weight on what they think.

      What is legal or not, and what is right or not are often completely different. These lawyers may have some rather screwy ideas about the latter, but it's their job to have a very good understanding of the former. So when the former is what's under discussion, what they think probably should carry a bit of weight.

      • by BrokenHalo (565198) on Friday November 06, @11:16AM (#30006370)
        So, in your expert opinion, everyone involved is wrong?

        Why not? I know the dumbing-down of the modern media urges us to think in terms of black and white concepts, but there should be room for this. EMI are obviously evil copyright trolls, and this Hank Risan is equally obviously selling copyrighted material. Shakespeare (as always) has a good line for this:

        "A plague on both your houses."
    • Re:Heh Heh (Score:4, Funny)

      by Anonymous Coward on Friday November 06, @10:50AM (#30006124)

      It's pretty yellow of EMI to submarine this guy out of the blue like that. It's going to be a hard days night for this guy in the future. Ask me why! Because! He told EMI to come and get it.

    • Re: (Score:3, Insightful)

      Since psychoacoustic is explicitly mentioned in regard to audio compression tech (like MP3) I think he just invented a term for "I ripped it to MP3"

      • Re:What is PAS? (Score:5, Informative)

        by tlhIngan (30335) <slashdot&worf,net> on Friday November 06, @11:17AM (#30006396)

        Since psychoacoustic is explicitly mentioned in regard to audio compression tech (like MP3) I think he just invented a term for "I ripped it to MP3"

        Actually, the Bluebeat guys did something a bit more tricky. They compressed the music as MP3 (whch I guess is psychoacoustic simulation - after all, the MP3 was compressed by using psychoacoustic principles to reduce the data contained, producing a simulation of the original). But the trick they're using to get around copyright law was to embed images into it [arstechnica.com], turning it into an "audio-visual" work. There is a separation, because AV works (think movies) are one entity - you cannot copyright the sound part of a movie separately from the moving images part.

        Of course, that defense must fail, otherwise Hollywood would be using music with aplomb instead of having to get licenses to it when they incorporate it into a movie or TV show. Many older programs are tied up from home viewing because licenses don't allow home video distribution, and are often edited to replace licensed works.

    • Re: (Score:3, Interesting)

      I would guess that what was done was one of two things:

      Mechanical production of a cover through some device that, on "hearing" a tune, would attempt to duplicate it in some analogue way, thus producing what would be, under some definitional frameworks, a cover rather than a reproduction.

      Computer-driven replication of a file through means that are not exactly copying, e.g. churning over random generation of bits of data and comparison with the original (either direct or medium-specific, e.g. audio). Done wit

Duct tape is like the force. It has a light side, and a dark side, and it holds the universe together ... -- Carl Zwanzig