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Tuesdays newsflash YouTube Beats Viacom In Copyright Infringement Case, And Hollywood Frets - June 30, 2010 by jamesdean

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Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. The big question here is of liability. We also use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. Some of the most savvy, creative, and ruthless people on the planet helm the entertainment industry; ultimately, it’s a business about giving people what they want and doing it well enough to turn a profit. Log Files We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. More, as always, as it develops. Therefore, closing completely Youtube seems to me an excessive and disproportionate measure.

As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies – or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). Users will have a choice as to whether or not we use their information in this different manner. Survey information will be used for purposes of monitoring or improving the functionality of the site. Contact information will be used to notify the winners and award prizes. What is the main reason for these different practices and do you think it’s still restricted here in Turkey. Piracy should therefore be fought through the creation of a market for legal content, not with repression against Internet users. Deal with it.” You can go after the little guys (aka the file-sharers themselves) but, as we learned in the Napster era, that’s an equally hard arena in which to trace culpability.

A very important case has come out of the US. However, we have no access to or control over these cookies and we are not aware of any at present that do so. We are only able to provide the material on the Mondaq (and its affiliate sites) to your website. I don’t believe that’s going to happen, though. We use the cookie to personalise a user’s experience of the site (for example to show information specific to a user’s region). According to the court: “The tenor of the foregoing provisions is that the phrases ‘actual knowledge that the material or an activity’ is infringing, and ‘facts or circumstances’ indicating infringing activity, describe knowledge of specific and identifiable infringements of particular individual items…mere knowledge of prevalence of such activity in general is not enough. Although there is an harmonized legal framework, decisions may be different because national judges in different countries may interpret the same rule in different ways.

Once the material’s been found online and flagged, it’s sort of like closing the barn door after all the horsies have run off.

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This is the Blues Volumes 1 and 2 (nope, that headline was not a mistake) - June 27, 2010 by jamesdean

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What you will find is a good cross-section of classic artists and young up-and-comers laying down the Blues as only they can. Yes, royalties and publishing rights probably had something to do with who was chosen and who was left off of the list, but like any good mixed tape, there are artists we all know, some we have yet to fall in love with, and of course those that our friends added to fill space at the end of the second side. With the music industry struggling to find its place in the 21st century, fans and bands alike are standing by, waiting to see if the big names are trying these days. Or at least his older brother or sister did. With this palpable tension in the air, smaller, more flexible companies are experimenting, trying new things in an attempt to stay relevant and keep up with the times. It seems that no matter what the Majors try these days they fall on their face, and with record sales at an all-time low everyone is holding their breath to see what happens next. You won’t love every track on here, but you will find is a good cross-section of classic artists and young up-and-comers laying down the Blues as only they can.

Yes, royalties and publishing rights probably had something to do with who was chosen and who was left off of the list, but like any good mixed tape, there are artists we all know, some we have yet to fall in love with, and of course those that our friends added to fill space at the end of the second side.

With the music industry struggling to find its place in the 21st century, fans and bands alike are standing by, waiting to see if the big names are trying these days. Or at least his older brother or sister did. With this palpable tension in the air, smaller, more flexible companies are experimenting, trying new things in an attempt to deal with piracy and the rise of P2P sites like (old) Napster et al.

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napster once again on the front page: Google Music Service is a Me, Too Proposition to Boost Android - June 27, 2010 by jamesdean

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Makes perfect sense that Google would let users search through millions of tunes. This is where I think they can really sink in their claws. While Apple has a virtual monopoly on digital music, no one has a monopoly on display ads served on a mobile phone. It seems like most other services combine one or two. What struck me, however, was the note that Google also plans a subscription music service that would launch next year. The option to purchase, obviously, will be the driving force of the business. I like the idea of playing these tracks on any medium I choose.

If Google can nail down them all, it could find itself as a major player in music sales. Apple’s move to offer an ad platform for its iPhone was smart. Presumably, the same rules would apply, wherein you can listen to the full track once. But it also felt like a me, too, to compete with Facebook and Twitter, the social kings of shared content for the Internet age.

Google’s decision to create a Web music store and later a music download service seems like a long shot for a company I fear is spreading itself too thin. Adding insult to injury, RJ Pittman, the director of product management at Google who led Discover Music and helped Google broker with the music companies, left Google to work on “cool stuff at Apple.” Could that “cool stuff” include the cloud music service we’re all expecting from Apple. It’s a nice little marketing ploy to boost song sales, and it sits in a logical place. Okay, here it is. This Google music service rumor and speculation leaves a sour taste in my mouth. I disagree.

What we are talking about here, however, is new competitors in the digital music industry. Apparently Google has caught onto this and wants to capitalize. I mentioned the Napster and Rhapsody ones, that they’re not compatible with both the older generation iPod, which many people still use, and a large swath of smartphones. Apple charges way too much for its tracks and albums, especially the DRM-free and high-quality ones. Not that it doesn’t have $25 billion or so in the bank to burn. Why would Google do this. Easy enough. I like Napster because they offer you purchase credits along with your subscription price.

Sure, there are still illegal ways to download music and there probably always will be but that’s not what we’re talking about here. Apple can’t take all of the glory and who better than Google to let them know that. Thankfully, Google might soon supply the answer.

Furthermore, considering Google is first and foremost a search engine based company, these reports also suggest that the company will provide song downloads straight through search results. Almost all digital music services come with drawbacks. Typically you can play the full song once in each browser, after which you can hear just a short sample. There are some parts of the company that are doing cool stuff. Back in the day if you wanted to buy music without leaving your home you were pretty much forced to use an illegal service such as the late, great Napster. How many of these aspects can Google include in its service. One thing we do know is that the service, whatever it entails, will be compatible with Android devices. Another service I looked at, E Music, isn’t really a subscription service. It’s not unlike how Apple decided it needed a mobile ad platform and bought and built one. Sounds like many of us will have to go out and buy extended life batteries.

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napster is getting some press: Google Rumored To Be Entering The Online Music Business - June 26, 2010 by jamesdean

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The music experience on Android handsets is far inferior to the iPhone and iTunes, and Google sees this as an opportunity to rectify a competitive weakness.” It’s true that Android has no “home” media system, but that’s one of the reasons we love it. No matter where you look, there’s plenty of options for digital music lovers to get a hold of new tunes. Or will it be an iTunes-like store. We sure hope so; iTunes needs a major competitor in the worst way. So, the question is: who’s not in the music business these days.

Will it stream. But when your name is Google, the market tends to make room no matter what. We’ll have to wait and see if this really pans out, but it’s definitely believable. Microsoft has their Zune subscription service, and then there’s Rhapsody, Napster and a whole host of smaller alternatives. Subscription based. Apple forces iTunes onto their iPhone users, and we aren’t at all convinced that that’s the best approach. And usually, when Google touches something, it tends to turn out well. No one on the outside really knows, but people are already buzzing about what may soon be a reality. Or pay-per-song/album. Reportedly, unnamed sources have it on good authority that Google will be soon revealing a “Google-branded music play.” There’s no real details yet on what exactly the service would be like.

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Hold on to your hats – Foreboding trailer for “The Social Network” movie about Facebook - June 26, 2010 by jamesdean

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Teaser: If you cannot see the player, click here. Check it out below. You can really tell that Fincher had a hand in this film because it’s dripping with melodrama. The movie’s tag line is: “You don’t get to 500 million friends without making a few enemies.” Chances are Zuckerberg won’t be hitting “like” on the movie’s Facebook community page. Like the poster released earlier this week, with actor Jesse Eisenberg in his role as the Facebook CEO and co-founder, the trailer is dark and foreboding, with no actual scenes, but audio from the soundtrack with words like “Punk,” “Genius,” “Prophet” and “Traitor” superimposed on the screen. And it really is a teaser.

The whole voice-over-text thing has been used to death but somehow he makes it work. The teaser, which does not feature any scene from the movie, hints that story will revolve around the invention of Facebook, money and a legal action that follows. It will debut in theaters this fall just in time for the new school year and we’re sure it will catch the attention of high school and college kids everywhere. Without giving any glimpse of the scene, the sneak peek video features voices from the characters who talk about new idea, money, the invention of Facebook and a legal action that follows.

It will debut in theaters this fall just in time for the new school year and we’re sure it will catch the attention of high school and college kids everywhere. Without giving any glimpse of the scene, the sneak peek video features voices from the characters who talk about new idea, money, the invention of Facebook and a legal action that follows. It will debut in theaters this fall just in time for the new school year and we’re sure it will catch the attention of high school and college kids everywhere. Without giving any glimpse of the scene, the sneak peek video features voices from the characters who talk about new idea, money, the invention of Facebook and a legal action that follows. It will debut in theaters this fall just in time for the new school year and we’re sure it will catch the attention of high school and college kids everywhere.

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The Problem With… Mike Posner’s “Cooler Than Me” - June 25, 2010 by jamesdean

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Nice line here, too: “If I could write you a song, and make you fall in love.” Uh, the cue is “if” you can write a song. Summer singles tend to sound the same after a while. But some might not consider Posner’s real-world job-as a singer/songwriter/producer with J/RCA-a smart move given the music industry’s own ups and downs. Crazy, right. If you can’t, then move along.

Reminiscent of Carly Simon’s “You’re So Vain,” Posner’s “Cooler” is about a girl he declines to name and was recorded in his dorm room on a $200 mic.   The infectious mash-up of R&B, hip-hop and electro-pop-paired with Posner’s scratchy tenor-provides a preview of his yet-untitled debut album, slated for release in August. “A lot of people are embarrassed to say they like pop music,” he says, “but I like a lot of it. Most of it shouldn’t ever leave the dorm room. Posner (pronounced “Pose-ner”), however, says he always knew music was going to be a part of his life. “It was important to finish college since people in my family sacrificed a lot for me,” he says backstage before a recent gig at Los Angeles’ Key Club. “And I’m proud of that. The whole thing’s pretty lame, Posner. And I don’t blame the girl for ignoring you. They have terrible reputations, you know. Which, in Posner’s eyes, makes her vain and uptight. Great news, especially in this roiling economy.

It starts off with some guitar chord strums, bringing to mind the notorious guitar-playing douchebag hogging the attention your party. Unfortunately, a lot of it sucks. I’ll quit.”  . You see folks, even after the time of Napster and MP3.com, listeners can still find fresh music on the Internet that wouldn’t appear in print or on television. Acknowledging he’s just getting started, Posner is confident he’ll go the distance as long as his authenticity remains intact. “That’s the most important word in my life,” he says. “Once I lose authenticity, I’ve lost everything. Right, because the guy writing music just to catch girls isn’t. And, uh, you can’t. Now it’s go time.” And it definitely is for Posner.

Really, it’s a mess. Too bad that so many of the songs are terrible. I go everywhere pop artists go but without losing my authenticity. I think producers purposefully do this to make mixing all the hits together on the dancefloor much easier. You know what, folks. Nothing new here. I’m just trying, hopefully, to make people feel a fraction of what I feel.” Posner’s authenticity was bred during his childhood in Southfield, Mich., where he listened to Sarah Brightman and Ricky Nelson (among his mom’s faves) and Luther Vandross and Marvin Gaye (his dad’s preferences).

He signed with J after his junior year. There are songs that make me cry and others that make me jump up and down. Great premise for a song, dude. While I didn’t know if I would end up writing, producing or sitting behind a desk, I knew I’d end up doing something with music. In fact, I wouldn’t blame any woman for ignoring all Duke guys altogether. So, not surprisingly, the subject of the song ignores the writer’s come-ons. Therefore, I reserve the right to dock five points from my pretend scale on behalf of the ‘heels.

Just deal with it.) Posner can trace his success to releases on the internet. This track is one of those ones. And god bless ‘em for that. He decided then to start singing his own songs. And I can safely say my album sounds like nothing else out right now.

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You can’t beat the sports TV pirates, so join them I’m sure we must all feel threatened - June 25, 2010 by jamesdean

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Live games are increasingly going the same way, thanks to the authorities’ refusal to accept that they can’t beat the free-view pirates and should therefore join them instead. Sport, like music and mainstream media beforehand, has a stark choice before its governing bodies. In some quarters, sporting bodies are moving with the times. Premier League enforcers boast of their success in shutting down a handful of illegal feeds, but most online sports piracy goes unpunished. The choice between paying $9.99 (£6.50) for a “day pass” to online Wimbledon or a simple Google search for live, free tennis-streaming is not a hard one for most casual viewers to make, given that they get the exact same product with either option. Gone are the days when low-resolution, high-interruption feeds were the only way to watch pirated sports games: today’s technology makes watching ripped-off streams virtually indistinguishable from the real thing. The malignant symptoms present themselves even more prevalently in the realm of top-tier football.

Gambling companies have been quick to realise the potential draw of live feeds on their sites, especially in the realm of horse and dog racing, but also in slower-paced, more popular sports such as football and tennis.

On the other hand, if they realise that they have to adapt to financially survive, they need to move fast to prevent a potentially catastrophic loss of income. Likewise, this year’s Wimbledon can be watched via pay-per-view on the tournament’s official website, although given that this requires significant payment from the consumer, pirate sites still have the upper hand; if the industry is to emulate Isner rather than Mahut, their style of play needs to change fast to redress the balance.

Betfair and Bet365 offer live broadcasts to punters with active betting accounts, easily reaping back in gambling revenue the outlay made to buy broadcasting rights. On anecdotal evidence alone, it is clear that there is a serious problem at the heart of the sports industry’s broadcasting policies.

With mobile phones providing yet another alternative to television in the race for audiences, there is even more pressure on rights owners to be proactive rather than simply shut the stable door behind the bolting horse.

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Provocative napster story: Best Buy Increases Dividend 7% - June 25, 2010 by jamesdean

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The change will be effective with the quarterly dividend which, if authorized, would be payable on Oct. 26, 2010, to shareholders of record as of Oct. 5, 2010. In fiscal 2010, we donated a combined $25.2 million to improve the vitality of the communities where our employees and customers live and work. The company hopes to engage in a proactive and efficient process to allow virtual participation to validated shareholders who choose to participate in this interactive experience. Approximately 180,000 employees apply their talents to help bring the benefits of these brands to life for customers through retail locations, multiple call centers and Web sites, in-home solutions, product delivery and activities in our communities. Best Buy believes that the webcast will be an effective complementary experience to the in-person meeting.

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Ars Technica: File-sharing has weakened copyright—and helped society - June 25, 2010 by jamesdean

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Has file-sharing reduced creators’ incentives. The researchers admitted as much when they pointed out that artists today have an incentive to spend more time touring as a result of lower recorded music revenues. It could be that, thanks to all these cheap digital tools, even more recordings would have been produced in the US were it not for file-sharing. However, for new artists who want to break into the market, lower barriers to entry and file sharing. Since 2000, the number of recordings produced has more than doubled. When concert revenue is added to recorded music revenue, the authors note that the overall industry grew more than 5 percent between 1997 and 2007. Does that mean artists had less incentive to create new works rather than perform. Looked at more broadly, the music industry “has grown considerably” in the last few years.

For example, some new releases in a given year are reissues of old titles and foreign titles that take advantage of digital distribution and low-cost access to digital service providers. In our reading of the evidence there is little to suggest that the new technology has discouraged artistic production. The former has brought new artists to market while the latter has discouraged some existing artists from creating more often. You see, Oberholzer-Gee and Strumpf should have replaced the word “produced” with “released in the U.S.” One should separate new creations from U.S. artists from all titles being sold in the U.S. market. And IFPI’s 2010 “Digital Music Report” (PDF) makes the case that artists are producing less in states with high piracy rates. “In France, there has been a striking fall in the number of recordings produced has more than doubled. When concert revenue is added to recorded music revenue, the authors note that the overall industry grew more than 5 percent between 1997 and 2007.

Does that mean artists had less incentive to create in the U.S. market. And IFPI’s 2010 “Digital Music Report” (PDF) makes the case that artists are producing less in states with high piracy rates.

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Startling napster news – YouTube’s Win Over Viacom: A Victory for Innovation on the Web - June 25, 2010 by jamesdean

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Here’s a hypothetical. You need to get paid off your work for re-use. Apple also claims the DMCA makes it unlawful to jailbreak iPhones. Which begs the question – where is this all going, and how will creative artists get paid. Sheryl Crow has to tour her skinny ass off all year long to make the money. General knowledge that infringement is ‘ubiquitous’ does not impose a duty on the service provider to monitor or search its service for infringements,” the ruling said. But it will make it all the more difficult for rights holders to protect their works. But it has been a bust in other areas. I mean, am I missing something.

And this ruling shows the courts still don’t understand the meaning of theft of intellectual property. Among its provisions, it prohibits the circumvention of encryption technology. YouTube, on the other hand, provided a platform for content and removed infringing material when informed about it. The decision ensured that American firms will remain global leaders in the creation of sites that rely heavily on user-generated content.

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Meet Rdio: Streaming Music’s Next Challenger (seriously) - June 25, 2010 by jamesdean

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Rdio has two pricing plans: web-only for $4.99 a month and an unlimited web-and-smartphone plan for $9.99. (Rhapsody offers full service for $10 a month, Napster’s plans range from $5-7 per month, and another rival, the web-only MOG, is $5 a month.) All claim to offer access to millions of songs and a handful of additional perks — however, Adamson expects the fledgling service to stand out. “I think one thing that one thing people always forget, Skype was not the first company in VoIP and I think what set us apart there was the clean simple experience, which we’re bringing to the music space,” he said. “The other thing that we’re bringing to the landscape is the social discovery…Sharing and discovering music through people.” Speakeasy’s road-test of the currently invite-only site (it will open its doors “soon,” the duo promised) revealed a strong, simple social networking component, with playlists easy to build and share with friends and Last.fm-like stats -– which can be synced to as well — showing off your network’s latest and most popular plays (down to that embarrassing Ke$ha single in the middle of one friend’s Van Morrison binge). The companys proprietary systems and applications set the standard for technology in the music industry.

With music streaming site Lala closing its doors last month, a new site, Rdio.com, may be the next to fill its shoes. We are in the process of closing deals on a weekly basis.” On a broader level, whether those who haven’t yet signed on with Rhapsody and the like are ready to give up their grasp on music ownership (or, it must be said, piracy) for the cloud’s rental system is yet to be seen. “We think we’ve built a great product and we think it’s unique. You can play as many songs you want, anytime, anywhere. Rdio takes the work out of the deciding what to play next and connects the music in your Web browser with your mobile phone. Each of this week’s Billboard top 10 is accounted for, though, and with deals with the four major labels in place and more licensing to come, the average non-music journalist shouldn’t have much trouble finding the bulk of his or her collection. “Rhapsody’s been around for a long time,” Larner explained. “I think their quoted number is 9 million tracks. We felt like there was a lot to be fixed.” His crowd of competitors might disagree. Music Reports clients include the worlds largest television and radio broadcasters, digital music services, background music services, major record labels, mobile carriers and aggregators, and consumer products companies.

Under this program, Music Reports pays royalties to, and prepares music usage reports and royalty accounting statements for, more than 20,000 music publishing administrators representing more than 90,000 publisher payees.

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Mondays insanity – iOS 4 Compatible Pandora 3.1 App Hits The Streets [Multitasking Enabled … - June 24, 2010 by jamesdean

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Instead of paying for (or downloading) a song at all, all you do is hop onto their service, type in an artist you like and a ‘radio station’ will be generated with a wide array of music you’re sure to like. Now, instead of just having the Pandora application running and nothing else, you can multitask it to the background and go about your business all while listening to free streaming music. Sure, you’re subject to a few advertisements here and there but when getting a service completely free of charge there isn’t much you can complain about. Not to mention the fact that you can slap down a few bucks to get the whole thing completely advertisement free. That’s because it is. Sounds great.

Flash forward to today and there are a plethora of different digital distrubtion platforms where you can grab your music both legally and illegally. Go get it. What ever way you choose to consume your music, it should be noted that Pandora is quickly becoming one of the most preferred methods.

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The iPad as a Remote Control: I’m sure we must all feel horrified - June 24, 2010 by jamesdean

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The screen operates in either upright or landscape mode. I’ve tested about four iPhone apps that try to turn the phone into a remote control for audio and video components, and found them all to come up short, relegating important commands to secondary pages when they need to be up front and center.

Sonos already has an iPhone app, which has been the only way to control the lower-priced S5 model. The problem is that the iPhone’s screen is simply too small to easily accommodate all the commands you need in one place. And album art can be displayed full screen. But the iPad’s large screen is a perfect spot for a virtual remote control. Its iPad app, which will be free and available in late August, will work with all Sonos models, not just the S5.

Volume for each room can be set individually or simultaneously, also from the same page.

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Google music service will be boon to Android users (eventually the media find out about things like this) - June 23, 2010 by jamesdean

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I think so. Apparently Google has caught onto this and wants to capitalize. Back in the day if you wanted to buy music without leaving your home you were pretty much forced to use an illegal service such as the late, great Napster. How many of these aspects can Google include in its service. This Google music service rumor and speculation leaves a sour taste in my mouth. Makes perfect sense that Google would let users search through millions of tunes. Almost all digital music services come with drawbacks. It seems like most other services combine one or two. It’s not unlike how Apple decided it needed a mobile ad platform and bought and built one. Google’s decision to create a Web music store and later a music download service seems like a long shot for a company I fear is spreading itself too thin. The option to purchase, obviously, will be the driving force of the business.

There are some parts of the company that are doing cool stuff. That and it wants to control the Web services it offers so it can place its own ads on them, or at least make money off of music. After all, if you’re searching for a song you’re probably at least somewhat likely to purchase it. Not that it doesn’t have $25 billion or so in the bank to burn.

What we are talking about here, however, is new competitors in the digital music industry. Every service, it seems, has a downside that makes it not worth it for someone like me, who enjoys his music on different devices. Sure, there are still illegal ways to download music and there probably always will be but that’s not what we’re talking about here. What struck me, however, was the note that Google also plans a subscription music service that would launch next year.

As of late, companies are stepping in to fill the gap and offer completely legal, paid for digital downloads. Furthermore, considering Google is first and foremost a search engine based company, these reports also suggest that the company will provide song downloads straight through search results. It’s a nice little marketing ploy to boost song sales, and it sits in a logical place. Easy enough. Typically you can play the full song once in each browser, after which you can hear just a short sample. Why would Google do this. No one knows if Google has deals in place with record labels.

Apple charges way too much for its tracks and albums, especially the DRM-free and high-quality ones. I like Napster because they offer you purchase credits along with your subscription price. I disagree. This is where I think they can really sink in their claws.

I like the idea of playing these tracks on any medium I choose. Sounds like many of us will have to go out and buy extended life batteries. I like the idea of playing these tracks on any medium I choose.

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