Thursday, November 5, 2009

Court issues TRO against BlueBeat; rejects "psycho-acoustic simulation" defense

A federal court in Los Angeles today issued a temporary restraining order enjoining from selling and streaming tunes by The Beatles and other EMI artists, rejecting BlueBeat's argument that it created "new" recordings through a process called "psycho-acoustic simulation." Here is the order granting the TRO, issued by Judge John Walter:
Order granting TRO in Capitol v. Bluebeat

The court also ordered further briefing and set a hearing for November 20 on whether to convert the TRO into a preliminary injunction. Under FRCP 65, the TRO itself lasts just 10 days. BlueBeat, based in Santa Cruz, CA, started selling and streaming Beatles tunes on October 30, without any licenses from the copyright owners.

1 comment:

  1. Do you agree with the statement in section 4 that enforcing copyright being in the public interest is axiomatic?
    I don't mean in the sense do you think that the copyleft is wrong, but I refer specifically to the claim that it is axiomatic. As someone who is undecided on the proper scope and utility of copyright, I found that section a most unsatisfying analysis and would love to hear your thoughts. --Ben Sauer


Comments here are moderated. I appreciate substantive comments, whether or not they agree with what I've written. Stay on topic, and be civil. Comments that contain name-calling, personal attacks, or the like will be rejected. If you want to rant about how evil the RIAA and MPAA are, and how entertainment companies' employees and attorneys are bad people, there are plenty of other places for you to go.