— eMusic has raised its rates, but it’s possible per-track payouts might not increase at all or much. The addition of the well-known Sony catalog may reduce unused tracks that expire at the end of the month, or “breakage,” as subscribers are better able to identify desirable tracks before their allotment of tracks expires. When a subscriber cannot find a way to use up remaining tracks before they expire, eMusic has fewer downloads between which to share net revenue. The explanation: “But given the way the Rolling Stones catalog dominated the eMusic charts for the brief time it was available, it seems likely that the presence of more name brand artists and albums in eMusic will result in less digital breakage by subscribers. So while subscribers will have fewer downloads available, they’ll be more likely to use all of them, which may be enough to offset the effect of the price increase on the final per-track payout to labels.” Publishers have different interests than labels here. Since payouts to publishers for mechanical royalties do not change as payouts to labels change with volume, publishers prefer more to fewer downloads and less to more breakage. (Digital Audio Insider)
— Some are wondering if the RIAA‘s “graduated response” campaign has gone anywhere. “When the RIAA first announced its new antipiracy project, it didn’t name partners. Behind the scenes, industry insiders assured the media that the group would disclose the names of partner ISPs ‘within weeks.’ Six months later, however, not one ISP has publicly acknowledged working with the RIAA on a ‘graduated response.'” One unnamed ISP executive claims the RIAA’s tactics have been too heavy handed. (CNET)
— Even though the deal between the city of Raleigh, N.C., and Live Nation is not yet final, according to an assistant director for the Raleigh Convention Center, crews are moving dirt at the planned site of the 5,000-seat downtown amphitheater. The two parties need to hash out details on sharing the project’s financing. (NBC17)
— The Recording Academy announced it has changed the name of the Grammy Awards’ “Folk Field” to the “American Roots Music Field.” (Music Row)
— This critique of Ars Technica’s RIAA vs. Thomas court case preview is definitely worth a read. Here’s a blurb that interprets the RIAA’s “making available” claim (more discussion on the topic can be found in the comments section): “I can’t deny that this whole thing is “interesting.” But the labels’ persistence in pressing the “making available” argument is hardly surprising, and entirely legitimate. They believe they are correct, and are making this argument (despite the fact that the court has previously rejected it) to preserve it for appeal.” (Copyrights & Campaigns)
— More stumbles out of the gate for Nokia’s Comes With Music service. A report in the UK says Orange and Phones 4u, have sold eight and two, respectively, 5800 Comes With Music Devices devices since going on sale on May 30. Phones 4u has about 450 store locations while Orange is offering the device in 20 stores. Retail staff has blamed the poor sales on extra fees for over-the-air downloading and generous text allowances. Nokia is still in the test stage, and it’s fair to say it has time to figure out how to put together a good product-service-price package. But Comes With Music is losing momentum, has plenty of competition and gets only once chance to make a first impression. (Mobile Today, via paidContent UK)
— A look at the backstory behind the development of “The Beatles: Rock Band.” According to Harmonix lead designer Chris Foster, it all started with a random encounter between MTV president Van Toffler and George Harrison’s son Dhani Harrison. (CNET )
— SanDisk CEO Eli Harari, stating the obvious, tells Fortune that “You can’t out-iPod the iPod.” The statement comes just a few years after his company launched the iDon’t campaign. (Fortune)
Glenn Peoples and Antony Bruno contributed to this post.
