-- Joel Tenenbaum will not be able to claim fair use in his file sharing case. The judge's order, handed down early Monday morning, found that Tenenbaum had proposed "a fair use defense so broad that it would swallow the copyright protections that Congress has created." A defendant, the judge wrote, could seek a plausible fair use defense if, perhaps, the law was unclear, there were few legal alternatives or a small number of files were shared with just a few friends over a short period of time. But Tenenbaum did not offer the court evidence that he fit into those categories, and his file-sharing occured "far beyond the infancy of this new technology or any legal uncertainty."

This section, about the financial damages of file sharing and the defendant's lack of evidence against such an argument, stands out as well: "Plaintiffs have argued that continuous, high-volume file-sharing -- offering exact duplicates to millions of peer-to-peer users for free -- would negatively affect the market for these copyrighted works. The Defendant has offered no facts to the contrary. While the Court recognizes that not every unauthorized download would represent a lost sale, it seems clear that some portion of paying consumers would shift to free downloads if this activity were deemed a fair use." (Copyrights & Campaigns)

-- Spotify has submitted its application to Apple and expects it to be approved. CEO Daniel Ek to mocoNews: "We've a great relationship with Apple, think the iPhone is awesome and absolutely expect them to approve the app in the next few weeks. Apple has already approved several other music services such as Last.fm, Deezer and Pandora. We very much look forward to people being able to access their Spotify library wherever they might be and we've spent significant time and resources to ensure we've stuck to Apple's developer guidelines point by point."
(mocoNews)

-- Music Row has a profile on Bigger Picture Group, a Nashville-based venture with a powerhouse group of partners: Bob Cahill, Alan Kates, Keith Stegall, Bill Hein, Michael Powers and Bob Ezrin. The company is utilizing Topspin's platform in its projects. "As opposed to a pure e-commerce play, [Topspin] integrates best practices and bits and pieces from other places," said Cahill. "These guys have put it all together in one very slick platform." (Music Row)

-- Does Qtrax, the free, ad-supported music service, have better days ahead of it? CEO Alan Klepfisz has a long, rambling post at the Qtrax blog that serves as a refresher on the company's history, a look to the future and a sort of mea culpa. "Qtrax has taken so damn long because the impossible really does take longer. We are the only company in the world that has global licenses for free & legal downloads. ... Now- am I claiming that in achieving the impossible, we've been highly efficient? Absolutely not. We've tried hard but the truth is that if total efficiency is the goal, we've failed. I've failed." Klepfisz goes on to list some of the company's mistakes and "detours," and he blames a lack of funding - which he says has been remedied - as the main reason behind Qtrax's delayed success. (Qtrax blog, via Music Ally)

-- Nielsen's new white paper on pricing for today's economy is a good read. One notable recommendation is to take a portfolio approach. "Each brand has its own pricing considerations-different strategic roles, margin requirements, price elasticities, competitive situations and promotion environments. Trade-offs will be necessary across brands, depending on the considerations specific to the brand." ("Six Keys for Successful Price Planning in a Shaken Economy," PDF)