-- Internet radio provider Live365, one of the few webcasters to turn down the recent SoundExchange compromise agreement for streaming royalty rates, is taking a decidedly different approach to the ongoing dispute - by challenging the constitutionality of the Copyright Royalty Board. The basis for this challenge is a recent U.S. Court of Appeals opinion in the District of Columbia, where one of the judges said the CRB "raises a serious Constitutional issue."

"Billions of dollars and the fates of entire industries can ride on the Copyright Royalty Board's decisions," the opinion reads. "(The CRB) exercises expansive executive authority ... unsupervised by the Librarian of Congress or by any other Executive Branch official."

Building off that statement, Live365 filed a federal lawsuit the U.S. District Court for the District of Columbia seeking an injunction against all further CRB proceedings until the constitutionality of the entity can be resolved. The suit comes on the cusp of the start of new royalty setting proceedings.

"The constitutional issue is the elephant in the room at the CRB. Before any hard-earned artists' royalties and webcaster investments are spent on a potentially invalid royalty setting court, we are just requesting, for the benefit of all parties, to have this significant concern addressed and answered," said Mark Lam, CEO of Live365, Inc.

-- Joining Sony Music and Universal Music Group, Live Nation is now touting its ranking among music Web sites. The company boasts a recent Nielsen Net Views report lists it fifth among music sites in July. That's up from the No. 7 spot the month prior, and a 62% increase in unique visitors over the same period last year.

-- Subscription music service Napster has expanded its mobile operations so that any Web-connected mobile phone can access the service. But don't expect an iPhone application anytime soon (a la Rhapsody). To date, Napster Mobile has been available only to AT&T users, allowing them to buy and download songs only rather than stream on-demand like online subscribers can. The new m.napster.com mobile site has the same limitation. Existing subscribers can access their accounts with the same username and password as on their PC and can buy songs using a pre-paid credit system.

The benefit m.napster.com is that any Internet-enabled phone can now user the service without Napster needing to strike a deal with the mobile operator like it did with AT&T. The downside of course is that these other mobile operators won't be promoting the app to their users. Napster parent company Best Buy, however, is giving away $15 worth of downloads to anyone buying a mobile phones in their stores.

The company says it has developed an iPhone app that would allow for unlimited streaming, but says the licensing fees labels ask for to stream to mobile devices is much higher than that of doing the same to a PC, and as such is withholding the app from consideration.