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-- The judge in the Joel Tenenbaum file sharing case issued a Memorandum and Order explaining the court's grant of summary judgment against the defendant's fair use defense. Judge Gertner's order, wrote Ben Sheffner, is a harsh assessment of Tenenbaum's attorney, Charles Nesson, and makes clear that Gertner thought Nesson did "a terrible job," and "makes clear that Nesson's poor litigating harmed Tenenbaum's fair use defense." So, it was a poor performance for this Harvard Law School professor and founder of the Berkman Center for Internet & Society. On the court's ruling on fair use, Sheffner says Judget Gertner got it right. "She understands that fair use is not a free-floating referendum on 'fairness,' where the defendant gets to argue pretty much whatever he wants to the jury... She gets that copyright infringement is harmful to the legitimate market... She correctly rejected Nesson's assertion that 'non-commercial' uses are presumptively fair." (Copyrights & Campaigns)

-- Another look at Apple's acquisition of Lala comes from David Pakman, former eMusic CEO and current partner at Venrock. He touched upon one reason for the acquisition that was mentioned in press reports: Apple wanted Lala's engineering team. (That makes sense, but only if the acquisition price was on the lower side of figures mentioned in the press. Would Apple really spend $80 million for some programmers? Then again, an acquisition price of $17 million for a company with $14 million of cash sounds far-fetched, too. ) "...HR acqusitions are a common reason for smaller acquisitions, and I guess that is what happened here. We may learn more as time goes by, but I am shocked Apple bought a digital music company. One thing I heard about a year ago from Apple employees was since the launch of iPhone, huge swaths of engineers from iTunes and other parts of the company were all shifted to iPhone, leaving less resources for the iTunes store and music service. This might also shed some light on the acquisition." (Disruption blog)

-- Vinyl is back, right? Yes. But there may be some cause for concern. After the New York Times ran yet another article on vinyl's resurgence, the Village Voice talked to Chris Vanderloo, co-owner of the Other Music record store in Manhattan. Vinyl sales are up in his store, too, but he's concerned. "Vinyl used to be the cheap version," he said. "The CD was always 15 bucks, and the vinyl was eight!" This is true. Now the prices are flipped. Vinyl is more expensive than CDs. Vinyl is treated more like a collectable, by many consumers as well as the labels that are setting prices. And while vinyl is more expensive to manufacture and ship than CDs, the best way to price an item is based on demand, not the cost of producing the item. Once labels start lowering prices, chances are good they will see sales improve even more. (Village Voice)

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