ah music and the law, gotta BlueBeat kudos for having the gumption, but some how don't think this one will go very far..
http://www.hypebot.com/hypebot/2009/11/beatles-beat-back-bizaare-bluebeat-legal-defense.htmlBeatles Beat Back Bizaare BlueBeat Legal Defense
(UPDATED) Earlier this week, we reported that a little known U.S. based download site BlueBeat.com had begun selling previously unavailable tracks from The Beatles for just $.25. Everyone knew something strange was going on, but no one knew just how strange. Perhaps this message at the bottom of the company's web page should have been a tip-off:
All audio-visual works copyright © 2009 (reg. # PAu 3-407-524) BlueBeat, Inc, a subsidiary of MRT.BlueBeat transmits simulated live musical performances for free at 160 and 320 kb/s.
image from spacesuityoga.files.wordpress.com Uh? BlueBeat owns The Beatles' copyrights, as well as, those of Abba, ACDC, Ace Of Base and… those are just a few of the "A's" that are in in company's extensive catalog? EMI and the RIAA df course disagreed and filed a lawsuit to stop the download sales.
The Psycho-Acoustic Defense
Then came the company's unique response according to copyright attorney Ben Sheffner:
"Plaintiffs are not likely to succeed on the merits because Defendants' website markets and sells an entirely different sound recording than that copyrighted by Plaintiffs."
BlueBeat says it "independently developed [its] own original sounds" that consist of "entirely different sound recording
" through a technical process it calls "psycho-acoustic simulation." BlueBeat even says it obtained copyright registrations on such "new" recordings (which, as the plaintiffs point out, are exactly the same as the original recordings).
In short, by some mystical process that also adds a few pictures to the file, Bluebeat claims to have created a brand new recording that sounds remarkably like the original.
BlueBeat claims it is protected by 17 U.S.C. § 114(b):
<legal stuff snipped>
The law was intended to protect artists doing cover versions of somebody else's tracks ;not someone who is cloning them and adding a few pictures. A judge agreed and yesterday issued an injunction to stop Bluebeat. As of this morning, the site was still up.