Psycho-Acoustic Simulation & Beatles Songs for a Quarter

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November 5, 2009

Simon Fodden

Psycho-Acoustic Simulation & Beatles Songs for a Quarter

I've groused here many — perhaps, too many — times about the inability of the Canadian music industry to get it together so that we can listen to music over the internet like our neighbours to the south. Imagine my surprise when I stumbled on BlueBeat, a website streaming music here, when Pandora et al. are forbidden to do that. Now imagine my super-surprise when I discovered that BlueBeat is streaming free and marketing MP3s of the Beatles' music at 25¢ a song. Apple Inc. is unable to strike a deal with EMI for the distribution of the Fab Four's opus on iTunes — but BlueBeat pulls it off!?

Well, according to the story in ars technica, it turns out that this chutzpah is based on a truly… innovative legal justification. Evidently, Hank Risan, the man behind BlueBeat (and Media Rights Technology, behind it), told RIAA general counsel Steven Marks by email: "I authored the sound recordings that are being used by psycho-acoustic simulation . . . I hope this satisfies your concerns." Come again? Risan explained in 2001:

Psychoacoustic simulations are my synthetic creation of that series of sounds which best expresses the way I believe a particular melody should be heard as a live performance.

Come again, again?

Unsurprisingly, a copyright lawsuit has been launched against BlueBeat. Stay tuned.

Oh, and for the moment, BlueBeat is still on the tubes.

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
[click on the author's name for more information]

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One Comment on “Psycho-Acoustic Simulation & Beatles Songs for a Quarter”

Theo says:

November 6, 2009 at 11:34 am

I've found nothing regarding this so-called "psychoacoustic simulation," and I work with audio (composing, mastering, etc.) all the time.

Most of the lawyers making comments on this "controversy" have said that the argument won't hold in court.

The site will probably stay up, but don't expect those songs to stay.

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Nova Scotia Mental Health Court «« older \| newer »» Seven Deadly Sins of the Innovator November 5, 2009 Simon Fodden Psycho-Acoustic Simulation & Beatles Songs for a Quarter I've groused here many — perhaps, too many — times about the inability of the Canadian music industry to get it together so that we can listen to music over the internet like our neighbours to the south. Imagine my surprise when I stumbled on BlueBeat, a website streaming music here, when Pandora et al. are forbidden to do that. Now imagine my super-surprise when I discovered that BlueBeat is streaming free and marketing MP3s of the Beatles' music at 25¢ a song. Apple Inc. is unable to strike a deal with EMI for the distribution of the Fab Four's opus on iTunes — but BlueBeat pulls it off!? Well, according to the story in ars technica, it turns out that this chutzpah is based on a truly… innovative legal justification. Evidently, Hank Risan, the man behind BlueBeat (and Media Rights Technology, behind it), told RIAA general counsel Steven Marks by email: "I authored the sound recordings that are being used by psycho-acoustic simulation . . . I hope this satisfies your concerns." Come again? Risan explained in 2001: Psychoacoustic simulations are my synthetic creation of that series of sounds which best expresses the way I believe a particular melody should be heard as a live performance. Come again, again? Unsurprisingly, a copyright lawsuit has been launched against BlueBeat. Stay tuned. Oh, and for the moment, BlueBeat is still on the tubes. Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law. [click on the author's name for more information] Respond: make a comment \| read the 1 comment Share: Email \| Save as PDF \| Print \| Bookmark & Share \| \| More: in Substantive Law \| from Simon Fodden One Comment on “Psycho-Acoustic Simulation & Beatles Songs for a Quarter” Theo says: November 6, 2009 at 11:34 am I've found nothing regarding this so-called "psychoacoustic simulation," and I work with audio (composing, mastering, etc.) all the time. Most of the lawyers making comments on this "controversy" have said that the argument won't hold in court. The site will probably stay up, but don't expect those songs to stay.		searching comments Slawtips case summaries TalkLaw/ParLoi noted on Slaw categories SlawNET search Slaw: the count: 8219 posts \| 11403 comments Slaw's canadian law blogs search: [get this search box for your site] recent comments David Cheifetz on Collateral Damage: Innocent Users Impacted MegaUpload Takedown Shaunna Mireau on Collateral Damage: Innocent Users Impacted MegaUpload Takedown David Cheifetz on 2008 Costs of Crime Report Published David Cheifetz on 2008 Costs of Crime Report Published Edward Prutschi on 2008 Costs of Crime Report Published bob on Is There a Fraudster in Your Office? m. diane kindree on Queen's Counsel Appointments Patrick McKenna on The Myth of the Visionary Managing Partner Evan Brown on Collateral Damage: Innocent Users Impacted MegaUpload Takedown John N. Davis on Queen's Counsel Appointments John Gregory on Queen's Counsel Appointments John N. Davis on Queen's Counsel Appointments Simon Fodden on The Courts and Social Media Edwin Jones on Internet Access as a Human Right John G on The Courts and Social Media SlawTips Use join.me to Get on the Same Page Across the Web Wednesday, February 8 When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »» Technology Top 10 Financial Errors: #8 Always Assume More Risk Than Needed Friday, February 3 You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »» Practice Seeing New Federal Legislation Wednesday, February 1 Today’s Tip is a simple reminder to view by “latest activity date”. The Parliament is back in session and those Slaw Tips readers for whom monitoring legislation is a regular … »» Research noted on Slaw Statistics Canada, The Daily, Women in Canada Available online today are four new chapters of the publication Women in Canada: A Gender-based Statistical Report, which explores the socio-demographic and economic circumstances of Canadian women in general. Library Boy: Library of Parliament Legislative Summary of Bill on Adding New House of Commons Seats The bill amends the Constitution Act, 1867 by readjusting the number of members and the representation of the provinces in the House of Commons. Judges out of touch on privacy issues, says Ontario privacy czar Ars Technica: Law & Disorder: Startup hopes to hack the immigration system with a floating incubator Blueseed plans to buy a ship and turn it into a floating incubator anchored in international waters off the coast of California. An open letter to Canadian journalists - CAJ Under Prime Minister Stephen Harper, the flow of information out of Ottawa has slowed to a trickle. EXCESS COPYRIGHT: Fair Dealing Cases in the Supreme Court of Canada - December 6 and 7, 2011 - Links to Factums Ontario Commissioner Issues Significant Order on Custody or Control of University Records « All About Information "…the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request…" Library Boy: Library of Parliament Legislative Summary of Bill To Abolish Firearms Registry Federation of Law Societies of Canada John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012 Results of BC CBA Survey on Supreme Court Civil Rules [PDF] Detailed results from 321 members. MLB Selected Case Summaries These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. More information. McGowan v. Bank of Nova Scotia 2011 PECA 20 Banks and Banking - Liability of banks to third parties - Negligence - General The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ... Jones v. Tsige 2012 ONCA 32 Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ... Canadian Society of Immigration Consultants v. Canada (Minister of Citizenship and Immigration) 2011 FC 1435 Aliens - Definitions and general principles - Immigration consultants The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. 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He was notified that a package of marihuana addressed to him had been ... R. v. McCrady (R.C.) 2011 ONCA 820 Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ... R. v. Maloney (S.W.) 2011 ONCA 821 Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking) The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ... Catalyst Paper Corp. v. 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Psycho-Acoustic Simulation & Beatles Songs for a Quarter

One Comment on “Psycho-Acoustic Simulation & Beatles Songs for a Quarter”

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