Digital Media

Last week, a music site called BlueBeat made headlines by offering Beatles songs as free streams and 25 cent downloads. The Beatles are known for not making their songs legally available on iTunes or any other online forum, so observers rightly asked "how are they doing this legally?"

EMI, the record label that owns The Beatles' recordings, has a simple response: they're not doing this legally. But here's where the story gets very strange.

The legal reasoning in this case is straight out of "Alice in Wonderland."

(Credit: Wikimedia Commons (public domain illustration))

BlueBeat is owned by a company called Media Rights Technologies, which specializes in digital rights management technology. DRM is supposed to be used to prevent copyright infringement. But according to a 2007 blog post on HuffingtonPost.com by the company's founder, Hank Risan, MRT backed into this business after being--get this--targeted by the RIAA for copyright infringement.

As Risan explains in his post, he and a partner had posted a bunch of streaming-audio files to a Web site about the history of music. The RIAA issued a takedown notice, and the site took the streams down.

The streams had been protected by Windows Media DRM, but according to Risan, an update to the Media Player broke the DRM. In response to this flaw, Risan created MRT and built his own DRM system, which he claimed would be far more robust than the systems on the market at that time. Then, in 2007, MRT sent cease-and-desist letters to Microsoft, Apple, Adobe, and RealNetworks, ordering them to use MRT's DRM technology instead of their own, on threat of legal action.

The legal reasoning was twisted--basically, MRT argued that the Digital Millennium Copyright Act should force these companies to use the most robust DRM technology available, even if that technology was created by somebody else. Predictably, nothing ever came of this demand.

MRT's legal reasoning is equally funny this time around, as Ars Technica reports. According to the report, MRT claims that it didn't post the exact Beatles recordings. Instead, it posted "psychoacoustic simulations," then added simple video content to them. This constitutes a new audiovisual work, and isn't covered by the existing copyrights, MRT argues. In fact, MRT even went so far as to apply for copyrights on the "new" works!

Perhaps this is all some kind of metacommentary on the frustrating inconsistency of U.S. copyright law, but I predict that MRT is going to be laughed out of court. In the meantime, if you want your Beatles music online, it's still available on BlueBeat as of the time I posted this. I didn't want to give the company a credit card to test the whether the downloads work, but the streams sound pretty close to perfect...especially considering that they're only psychoacoustic simulations.

(Credit: The Beatles)

No, the digitally remastered Beatles catalog hasn't come to Apple's iTunes. But it has come to an apple-shaped USB device.

Retailing for $279.99, the collection will be released December 8 in North America, three months after the September 9 release of the remastered set of the band's albums (as well as The Beatles: Rock Band video game). The apple shape is in reference to Apple Corps, the Beatles music publisher--which in the past, you may recall, sued tech giant Apple in a trademark dispute.

(Credit: The Official Beatles Shop)

When the release of the remastered Beatles catalog and Rock Band game were announced for September 9, 2009 (the band has a song called "Revolution 9"), speculation arose that a concurrently scheduled Apple Inc. announcement might bring the catalog, still unavailable for digital download on the Web, to iTunes. That didn't happen. But with the release of the USB collection, the albums are available in non-CD digital form for the first time.

In addition to MP3 and FLAC versions of 14 stereo titles, according to a release, the 16GB device contains "all of the remastered CDs' visual elements, including 13 mini-documentary films about the studio albums, replicated original UK album art, rare photos and expanded liner notes."

Correction 10:45 a.m. PST: This story initially misstated the release date. It is December 8 in North America. Also, the type of lawsuit Apple Corps filed against Apple Inc. has been corrected. It was a trademark dispute.

(Credit: Apple Corp.)

Sky News, the 24-hour British news operation, apparently posted a story that cited Yoko One as saying the Beatles' catalog was coming to iTunes.

The story disappeared not long after, but not before someone took a screen shot of the headline and a tease, which said: "The whole of the Beatles back catalog will be made available to buy on iTunes, Yoko Ono has told Sky News." Sky News officials would not comment and has yet to issue a correction.

This is the kind of juicy what-if situation that Apple fans live for and the speculation that the Fab Four's music could finally arrive at iTunes hit overdrive Tuesday evening. But the problem is it's simply not true. The Beatles' catalog is not coming to iTunes, at least if one is to believe EMI officials and other music industry insiders with knowledge of the Beatles-iTunes negotiations.

EMI owns the Beatles' sound recordings, while Sony/ATV owns the publishing rights. Ernesto Schmitt, EMI's global catalog president, told The Financial Times that that the catalog would not be part of Apple's press event on Wednesday.

I checked with my music industry sources, some of whom have direct knowledge of the talks between EMI and Apple Corp., the company that represents the Beatles, and they also said the negotiations have not yielded an agreement. All Things Digital reported the same earlier.

How about this? If Sky News did nail this kind of whopper scoop, the organization would most certainly be ballyhooing its sweet piece of journalism, not hiding it. But as of 5 p.m. PDT Tuesday, that's exactly what what was happening. The story was nowhere to be found on the site.

What's far more likely at this point is that something went wrong at Sky News.

Anyone who has followed iTunes news has seen these rumors come and go. In the past, regardless of how delicious they've sounded, they've all been debunked.

On September 9, the Beatles will release their entire catalog, digitally re-mastered for the first time, on CD. The same day, The Beatles: Rock Band will be released, and there is speculation of an Apple music-related event the same day. Could it be an entertainment perfect storm?

(Credit: The Beatles)

What is it with the Beatles and nines?

As my colleague Caroline McCarthy pointed out in March when the launch date (September 9, 2009) for The Beatles: Rock Band was announced, the band's song "Revolution 9" ends with the words, "number nine, number nine, number nine."

So clearly, the date 09/09/09 has at least some symbolic significance for the band. And now, in addition to that date being the launch of the Rock Band title, it was announced Tuesday that on that same day, the Beatles will release a CD box set of their entire catalog, digitally re-mastered for the first time, re-confirming reports from months ago.

At the same time, many people have been talking about the high likelihood of an all-music-related Apple event around some unknown product announcement on September 9. So, with all these facts--and some informed speculation--in hand, one has to think seriously that we may get a star-studded event with Paul McCartney and Ringo Starr (who, you may remember, showed up at Microsoft's E3 press conference to promote The Beatles: Rock Band) and, of course, Steve Jobs, to announce the availability of that same digitally re-mastered catalog on iTunes.

If that were to come to pass, it would seem to me an entertainment perfect storm. Of course, as is always the case with these things, we have to temper our enthusiasm because the most exciting speculation could well turn out not to be true. But if it does happen like this, well, it would easily be worth the price of admission.

As for today's news, EMI Music and Apple Corps--the Beatles' publishers--said that it took engineers at the famed Abbey Road Studios four full years "of utilizing state of the art recording technology, alongside vintage studio equipment, to create these amazing re-masters."

Having talked to the folks behind both The Beatles: Rock Band and the Cirque du Soleil's Beatle-themed "Love" about the re-mastering processes, I know that this is something that those involved with the band have been putting a lot of effort into over the last few years. And assuming that there will be a digital distribution element to this whole 09/09/09 thing, it's nice that after being very strict for years and years about how their music got out into the world, the band may finally have agreed to loosen the reins a little bit.

Of course, it's not altruism. There will no doubt be massive amounts of money flowing into the coffers of everyone financially involved with the band. And that's because even for people like me who already own the entire catalog on old mono CDs or records, there may be a few extra dollars available for legitimate digital copies of songs like "Hey Jude," "Yesterday," and "A day in the life."

But, of course, as of today, we don't know anything for certain about the Beatles and iTunes. What we do know is that The Beatles: Rock Band will have 45 songs, and that the digitally re-mastered CD collection will comprise all 12 Beatles studio albums--in stereo, no less--as well as "Magical Mystery Tour" and a combined "Past Masters Volume I and II," for a total of 14 titles on 16 CDs. The whole thing will be available, along with a DVD set of Beatles documentaries in one--presumably pricey--stereo boxed set.

(Credit: Beatles: Rock Band)

Beatles lovers will soon be able to feel what it's like to sing and play with the Fab Four in the interactive game The Beatles: Rock Band. But what famous Beatles tunes will be featured on the disc?

Rock Band makers MTV Games and Harmonix revealed 19 more songs Tuesday, bringing the total of known tracks to 44 and leaving the final tune a mystery.

The Beatles: Rock Band lets players sing, strum the guitar or bass, or hit the drums to play with John, Paul, George, and Ringo as they tour the world. Players can join in with the Beatles, starting from their early days in tiny Liverpool clubs to their final performance on the rooftop at their Apple recording studio.

The game's origins stem from a conversation between Dhani Harrison, son of the late George Harrison, and MTV President Van Toffler. Harrison eventually took the idea to the Beatles' Apple Corps and also sold the concept to Paul McCartney, Ringo Starr, and Yoko Ono.

Though part of the Rock Band franchise, the Beatles game was designed from the ground up with new graphics, menus, and interfaces.

Beatles: Rock Band is set to hit stores on September 9 for Microsoft's Xbox 360, Sony's PlayStation 3, and the Nintendo Wii. The software alone sells for $59.99. The Premium bundle sells for $249.99 and comes with all the Rock Band equipment, including Beatles-branded drums, microphone, and mic stand.

The 44 songs in the game so far are:
A Hard Day's Night
And Your Bird Can Sing
Back In The U.S.S.R.
Birthday
Boys
Can't Buy Me Love
Come Together
Day Tripper
Dear Prudence
Dig A Pony
Do You Want To Know A Secret
Don't Let Me Down
Drive My Car
Eight Days A Week
Get Back
Getting Better
Good Morning Good Morning
Hello Goodbye
Helter Skelter
Here Comes The Sun
Hey Bulldog
I Am The Walrus
I Feel Fine
I Me Mine
I Saw Her Standing There
I Wanna Be Your Man
I Want to Hold Your Hand
I Want You (She's So Heavy)
I'm Looking Through You
I've Got A Feeling
If I Needed Someone
Lucy in the Sky with Diamonds
Octopus's Garden
Paperback Writer
Revolution
Sgt. Pepper's Lonely Hearts Club Band
Something
Taxman
Ticket To Ride
Twist And Shout
While My Guitar Gently Weeps
With a Little Help from My Friends
Within You Without You / Tomorrow Never Knows
Yellow Submarine

This story was corrected at 9:48 a.m. Details are below.

(Credit: Michaeljackson.com)

Michael Jackson's position in long-time efforts to make the much-coveted Beatles catalog available digitally is one of the most misunderstood aspects in the very complicated negotiations.

The sudden death of one of the world's best known entertainers on Thursday will have no impact on whether songs from the Fab Four will finally make it to iTunes and other Web music stores. Rumors aside, no deals are imminent, music sources told CNET News.

Jackson bought ATV Music Publishing, the company that owned the words and music to 250 Beatles songs, nearly 25 years ago. He sold a 50 percent share in the company to Sony in 1995 and together they operated Sony/ATV. The actual recordings of the Beatles playing their songs is owned by EMI, one of the four largest music labels, and Apple Corp., the company that looks after the Beatles' business holdings and rights.

What that means is that if you want to record and release a version of "Help," then you need to compensate Sony/ATV. A filmmaker wishing to add a recording of the Beatles performing the song to a soundtrack must negotiate with EMI and Apple Corp.

In the latter scenario, Sony/ATV would collect a share of that deal and could veto it since the company owns the copyrights to the music and words. That typically doesn't happen, and to be clear: Sony/ATV has never stood in the way of a digital deal for the Beatles catalog, according to sources with knowledge of the negotiations. Indeed, the sources said that Jackson and Sony/ATV welcomed it.

The Wall Street Journal reported Friday that Jackson was in financial trouble at the time of his death. Jackson borrowed twice against his Sony/ATV stake, according to the Journal story. How that will affect Jackson's stake in Sony/ATV, which was held in trust, is unclear.

"Jackson was incredibly proud of his association with Sony/ATV Music Publishing and his role in the company," said a company representative. "He was a great partner."

Correction: Michael Jackson borrowed against his stake in Sony/ATV, and how that will impact the company is unclear.

Paul McCartney, or Sir Paul as he's strangely known across the Atlantic, sent a message to Google: "Please, please me."

"Please, please me by removing images of my house from your Street View service," that is.

According to the Sun newspaper, one of the world's most famous left-handed guitarists, was concerned that Google Street View offered a 360-degree view of his house. So his security detail contacted Google in order to remove all details of his property.

Fine lighting or fine highlighting? You decide.

(Credit: CC John Packer/Blank Slate Photography/Flickr)

However, if you go to the Street View in question (now blacked out), and then move around, you will see that Google's house numbering appears to be slightly and strangely imprecise. When Google says you're looking at number 7, you're looking at number 3. So, if you happen to be looking for number 7, look at number 11.

The house in question is in the rather nice--but difficult to park in-- area of St. John's Wood. McCartney bought it in 1965 for a mere 40,000 pounds and, so legend has it, wrote "Penny Lane" and "Hey Jude" there.

It is not clear whether he wrote either of these songs on the circular bed, a gift from Groucho Marx, which adorns the meditation chapel in the garden of the home.

It would be most concerning if anyone could just go online and espy your circular bed, wouldn't it?

Singer Paul McCartney has voiced his support for the verdict rendered in The Pirate Bay trial.

"If you get on a bus you've got to pay," the former Beatle told the BBC. "And I think it's fair, you should pay your ticket."

On Friday, a court in Stockholm convicted four men connected to The Pirate Bay--Gottfrid Svartholm Warg, Peter Sunde, Fredrik Neij, and Carl Lundstrom--of charges related to copyright infringement. The court sentenced each to a year in jail and fined the group the equivalent of $3.6 million. On Thepiratebay.org, a blog post indicated that the men have filed an appeal.

Fans of The Pirate Bay have condemned the verdict as many in the entertainment industry celebrated the decision. McCartney, who helped produce--along with bandmates Ringo Starr, George Harrison, and John Lennon--such classic songs as "Yesterday," "Help" and "Let it Be," said he thinks people should pay for music, especially when it comes to work from start-up bands.

"The problem is you get a lot of young bands coming up and some of them aren't going to last forever," McCartney said during the interview. "So if they have a massive hit, that's going to pay their mortgage forever. They're going to feed the children on that, and if they don't get that money, if they don't see that money, I think it's a bit of a pity."

These statements are unlikely to be very popular in the file-sharing community. Such members have often said the world doesn't owe recording artists a lifetime salary. Among other the arguments most often cited for downloading music illegally, they say art should be free and major record labels are greedy, overcharge, and don't compensate artists fairly.

Talks to make The Beatles' catalog available on Apple's iTunes have "stalled," according to Paul McCartney.

Apparently the impasse is between the band's representatives and record label EMI, McCartney told the Associated Press in London on Monday. EMI, the smallest of the four top recording companies can't close a deal with iTunes or any new music formats without the authorization of the Beatles: McCartney, Ringo Starr, and the estates of the late George Harrison and John Lennon.

McCartney made the comments at an event to kickoff his new album, Electric Arguments, the AP reported.

"The last word I got back was it's stalled at the whole moment, the whole process," McCartney said. "I really hope it will happen because I think it should."

Apple Corps has long declined to allow Beatles music to be offered over the Web and things looked bleakest after Apple Corps sued Apple over a trademark dispute. The case was resolved last year.

An EMI representative told CNET News late Monday that it hopes to have an agreement soon.

"We have been working very hard to secure an agreement with Apple Corps to make The Beatles' legendary recording catalog available to fans in digital form," An EMI spokesperson. "Unfortunately the various parties involved have so far been unable to reach agreement, but we really hope that everyone can make progress soon."