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Online Music Store battle heats up

Microsoft launches a beta of it’s MSN Music Store, while Apple launches an iTunes affiliate program. The MSN tracks are, not surprisingly, in .WMA format—thus rendering them “incompatible” on an iPod without first transcoding them into .AAC or .MP3.

Participants in the Apple affiliate program can:

_Link directly from your website to any song, album or artist on iTunes. iTunes offers the largest and most diverse legal music download catalog?over 1 million tracks from all five major labels and over 600 leading independents.

_Link directly from your website to over 8,000 audiobooks and popular public radio programs including ?This American Life with Ira Glass,? ?Fresh Air with Terry Gross,? ?Car Talk,? and more.

_Download Apple-designed marketing materials to post on your website and incorporate into email communications.

_Earn 5% commission on all qualifying revenue generated by links posted on your website to iTunes.

_Receive the iTunes Affiliate Newsletter and stay up-to-date on new releases, special promotions, and more.

_Apply to the Apple Store Affiliate Program, with a wide selection of exciting products, including the best-selling iPod and iPod mini

More on MSN Music at CBS Marketwatch and C|Net The official launch of the Microsoft service is slated for October.

In related news, the BBC releases it’s first “Official UK Download Chart”.

Under the Table and Screaming

The Dave Matthews Band is being sued for dropping a load of crap all over the ears of the music-listening public. No. I mean literally:

As the bus crossed the Kinzie Street bridge, the driver allegedly emptied the contents of the septic tank through the bridge’s metal grating into the river below.

More than 100 people on an architecture tour were showered with foul-smelling waste.

Different Strokes

Gawker reports that, due to a little mix-up at the pressing plant, members of the Strokes’ fan club accidentally received a gay porn DVD instead of the expected promotional band DVD. Whutchoo talkin’ bout Willis? (Oh, and that limited edition 7″? Keep it in your pants cowboy.)

Induce Act hearing+coverage

A roundup of The Induce Act Hearing and coverage:

C|Net
Ars Technica
InfoWorld

Coverage also at Public Knowledge.

From Ed Felten’s comments at Freedom to Tinker.

Giving the entertainment industry a veto over new technologies would have two main effects: it would slow the pace of technical innovation, and it would create barriers to entry in the tech markets. Incumbent companies may be perfectly happy to see slower innovation and higher barriers to entry, especially if the entertainment-industry veto contained some kind of grandfather clause, either implicit or explicit, that allowed incumbent products to stay in the market as seems likely should such a veto be imposed.

Senate Judiciary Committee. (testimony available) Video here.

Peculiar is this statement from Business Software Alliance President Robert Holleyman—apparently backing off a little from the BSA’s previous support—

If the Committee determines that an additional cause of action, such as S. 2560, is necessary to address the problem of online piracy, we urge that any such bill be carefully crafted and properly balanced to curtail irresponsible and harmful practices while avoiding adverse unintended consequences for legitimate technology companies.

Earnest Miller dissects Sen. Hatch’s testimony, as well as the testimony of Marybeth Peters, Register of Copyrights at the US Copyright Office—who favors stronger legislation—she calls for Congress to overturn the Betamax decision.

The Consumer Electronics Association’s statement opposing the Act-—

“INDUCE ACT WILL ELIMINATE BETAMAX PROTECTIONS, CREATE A HUGE NEW CLASS OF LIABILITY FOR INNOVATORS AND OTHERS, SAYS CEA. Legislation Threatens Technology, Innovation and Consumers Rights.”

From the testimony (PDF) of Gary Shapiro, President and CEO of the Consumer Electronics Association—

With respect, Mr. Chairman, citing the MPAA and the RIAA as the guides and protectors of the Betamax doctrine would be akin to appointing Fagin as Oliver Twist?s personal protector. In fact it would be worse: Fagin sought to exploit Oliver, not to kill him. Neither the MPAA nor the RIAA has ever agreed that the Betamax case was correctly decided, or that private, noncommercial home recording by consumers is and ought to be legal. Each is on record as wanting to limit the principles underlying the Betamax holding strictly to its narrowest possible set of facts. So of course they see no ?threat? posed by S. 2560

Fax your Senators here.

The responsible parties:

Sen Hillary Clinton [D-NY] [$1,100,390]
Sen Lamar Alexander [R-TN]
Sen Barbara Boxer [D-CA] [$520,910]
Sen Tom Daschle [D-SD] [$385,760]
Sen Bill Frist [R-TN] [$58,550]
Sen Lindsey Graham [R-SC] [$72,523]
Sen Patrick Leahy [D-VT] [$221,950]
Sen Paul Sarbanes [D-MD]
Sen Debbie Stabenow [D-MI]

Notes on Sen. Norm Coleman’s [R-MN] opposition to the Act.

Discussion at Freedom to Tinker here.

Induce Act hearing today

The Senate Judiciary Committee will hold a hearing today on the onerous Induce Act. Stay Tuned.

Apple reaches deal with Euro-indies

The Register reports:

Apple today confirmed that it has reached an accord with European independent record labels Beggars Group, Sanctuary Records Group and V2, bringing the likes of Basement Jaxx, The Crystal Method, Interpol, The Libertines, Morrissey, the Pixies, Prodigy, Stereophonics, the Datsuns, Paul Weller and The White Stripes to the iTunes Music Store in the UK, France and Germany.

New iPods Monday?

ThinkSecret pimps the rumor:

According to sources, the company plans to unveil thinner, sleeker white iPods with a major announcement on Monday, July 19. While the enclosure will be the same general size as that of current iPods, it will be thinner; it will also have a new scroll wheel of different style and look.

Photo and discussion here.

Open Source Radio

What is the Public Radio Exchange?

The Washington Post says PRX “is part radio distribution service and part peer-review resource. For a minimum $50 annual fee, a producer can post audio material on PRX for audition and licensing. Other members then listen — free — or acquire the feature or news piece for broadcast.”

PRX describes itself:

The Public Radio Exchange (PRX) is an online service for peer-review and digital distribution of public radio programming, creating a new web-based bridge between producers and stations. It is a decentralized partnership that will provide good homes to good works, more broadcast opportunities for the people who create them, and new sparks of freedom, imagination, initiative, and creative vision for a mature public radio field.

iTunes Europe Launches

Mr. Jobs makes the announcement. AOL teams with Apple to promote it. Unfortunately, the Euro-iTMS has “limited tracks” from independent artists…

Pay attention because it is coming back