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-- A federal judge has denied a motion by Live365.com that challenged the constitutionality of the Copyright Royalty Board. Members of the Copyright Royalty Board are appointed by the Library of Congress. Live365.com argued the members could be appointed only by the president. The judge found "that the plaintiff has failed to demonstrate its entitlement to the extraordinary relief of a preliminary injunction." (Copyrights & Campaigns)

-- Imeem has reportedly raised $6 million in funding from Morgenthaler Ventures, Warner Music Group and other unnamed investors. (TechCrunch)

-- An economist ponders reasons why rap albums are song long. A great explanation for the prolific nature of rappers comes in the comments section: "Rap songs require less effort on the instrumentation side. Since beats are almost exclusively electronic, they can be made in high volumes at relatively low costs." Of course, "relatively low costs" is hard to define for hip hop productions. The costs vary widely. Later in the comments comes more good insight: "Rap artists, in one sense, are just taking advantage of the the space available to them on a CD. They presumably don't have much invested in the 'tradition' of the LP because the LP was dying out just at the time their genre was being born." (Marginal Revolution, via Digital Audio Insider)

-- In a submission to the UK business minister's consultation on anti-piracy measures, UK Music calls for Internet account suspension for repeat infringers and wants ISPs that do not warn customers to be fined. And UK Music has called for rights holders to cover the costs of detecting infringers while ISPs pay for notifying infringers. And with these and other statements, the heated discussion over what to do with digital piracy has turned from a public policy debate to one of actual costs. The sticking point of legislation is often about who is going to foot the bill. This case is no different. When thought through in terms of actual costs, the conversation seems much more real. Anti-piracy debates tends to get stuck in hypothetical situations and details of public policies. Now people are talking about things that will impact companies' quarterly numbers. ISPs would encounter very real costs in dealing with informing - and eventually disconnecting - repeat infringers. (paidContent UK)

-- At the RAIN Summit East in Philadelaphia last week, AndoMedia previewed new metrics for Internet radio audience measurement. Here are a few of the tidbits: online listening grew to 234 million in August 2009 from 204 million in May 2009; increased numbers came from an increase in hours listened, not unique listeners; Pandora was not included in those numbers; the average Internet radio listener streams nine hours per week; and 77% of Internet radio listeners stream every month. (RBR.com)

-- MySpace Music UK has hired a PR team as its prepares for its launch. (Music Week)

-- 2009 holiday season sales are expected to be flat. "Given everything the consumer has absorbed over the past 12 to 18 months, the fact that we expect this coming holiday season to be flat in dollars can be viewed as a modest positive," said James Russo, VP of global consumer insights at The Nielsen Company. (NielsenWire)

-- Pearl Jam's latest album "Backspacer" debuted at the top of this week's Billboard album chart. The CD/Digital/LP split was 65/31/4. The LP format sold 7,000 units, according to Nielsen SoundScan. Only two titles in the Top 100, U2's "No Line On The Horizon" and Dave Matthews Band's "Big Whiskey & The Groogrux King," have sold that many LP units since being released. Neither, however, came close to Pearl Jam's first-week LP total.

Follow Billboard senior analyst Glenn Peoples on Twitter at twitter.com/billboardglenn.

Questions? Comments? Let us know: @billboardbiz

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