Follow Glenn Peoples on Twitter or e-mail him at gpeoples AT billboard.com.

-- While the press descends on the news that the Department of Justice is investigating Apple for possible anti-competitive behavior, only eMusic has confirmed on the record it has been contacted by the DOJ. (Financial Times, Business Week)

-- New York State Senator Craig Johnson from Long Island has scheduled a public hearing on paperless ticket transferability on Wednesday, June 2. Oral testimony will be by invitation only. Johnson opposes a requirement that paper tickets be offered to consumers. Governor Paterson wants consumers to have the option of buying paper tickets, which would allow them freedom to resell those tickets on the secondary market. A 2007 law that allowed unrestricted resale of tickets expired on May 15. (TicketNews)

-- New York promoter Bowery Presents has expanded its presence into Portland, Maine, through a partnership with Alex Crothers of Higher Ground Presents. The two parties have signed a deal with Stone Coast Properties to reopen the State Theater in Portland. The Bowery Presents and Crothers will be equal partners in operating and programming at the theater. (Brooklyn Vegan)

-- Remember when rates shot up in Australia for use of original artist recordings in fitness classes? Predictably, fitness clubs are working around the new rates. As the Wall Street Journal reports, Fitness First locations have already begun playing cover versions that are exempt from performance royalties. An industry group predicts clubs that resort to cover songs will see a drop-off in enrollment. Maybe so. The Journal quotes one fitness class member as saying he didn’t like hearing a Britney Spears cover during his class. “Covers are cheesy. Especially if you're used to hearing a song in a particular way.” (Wall Street Journal)

-- Derek Smith, a.k.a. electronic artist Pretty Lights, is starting his own record label for artists of similar vision and direction in the music industry. Each of the releases on Pretty Lights Music will be released in the same manor Smith has released his recordings – downloads are free and fans are given the option to leave a donation. Smith’s PrettyLightsMusic.com website will have a section for the record label, and in the future he will supply a P.O. Box address for artist submissions. The record label’s business model might not work for others but it certainly fits with Smith’s career trajectory. Pretty Lights, managed by Red Light Management, has built his fan base on live performances instead of the typical recording-distribution-marketing route. He has upcoming shows at the Wireless Festival in the UK, Camp Bisco in New York, Wanderlust Festival in California and Red Rocks Amphitheater in Colorado.