In other news, PlayStation Network is still up and running.

Right, the brief does say that placing the MP3s in a directory known to be shared with the general public is de facto copyright violation, but:

The brief also has language that states a compressed digital MP3 copy of the song (which was provided uncompressed on an audio CD) is an unauthorized copy. The distinction is critical, because if the judge confirms in his summary motion, then this *could* become case law that is referenced elsewhere.

So, a personal-use-only "copy" with the same digital bit structure as it was provided to the buyer by the copyright owner is certainly fair-use, but by creating a new bit structure MP3, it may not be.

Of course, I'm just speculating, but the industry's lawyers may be gearing up to say, in effect, the following:

You can buy an audio CD and copy it as a backup audio CD (for example, to play in your car because you know that your car CD player "eats" discs), but you may not convert it into an MP3 because that transcoding into a new media format is not authorized by the copyright holder. If you want it in MP3 (or other audio format), you must buy it that way through their authorized distribution network (iTunes, etc.).

This is dangerous... very dangerous...

Any IP attorneys want to chime in?

no one ever wins these things

@Jaime:

Unfortunately, the Supreme Court recently ruled that intrastate growth and consumption of a fungible commodity (like Cannabis or Wheat) can be regulated by the Federal government through the Commerce Clause of the Constitution. The basis is that your intrastate "commerce" (or for personal use, non-commerce) effectively disrupts established interstate (or potential interstate) markets for the commodity.

This applies even if there is only an interstate black market for the commodity, as is the case with Cannabis. Doesn't matter that you can grow it and consume it legally in California for medical purposes. Because the Federal government can regulate the potential for interstate commerce in the commodity, it can reach beyond the state boundary and into your living room to prevent you from further disrupting the interstate black market with your intrastate use.

It really has nothing to do with the Controlled Substances Act at this point, or other questionably unconstitutional control by the Federal government. It's a commerce issue, which is (unfortunately) clearly constitutional until a different court overturns the Raich decision.

Furthermore, Cannabis / THC derivatives are already available by prescription. My prediction is that no matter how hard anyone tries to legalize it, it won't happen. There's too much money to be made by the pharma industry and law enforcement entities in keeping it illegal.

See the Raich & Monson cases (v. Ashcroft) and related counterfilings by Gonzalez.

Are they also going to release an expansion that fixes all the glitches and bugs in the game? It's really hard to enjoy a game that plays like it's still in beta.

Fun game, but I wouldn't recommend anyone buy it until all the problems are resolved.

your comments

no one ever wins these things

OMG this would make my life so much more perfect. I have to have it. oh please pick me please pick me. OMG!!!!!!111!!1 Im going to get all teh stuff off my phone rightnow because I kno that i am gonna get picked. OMG THIS IS SO FREAKING AWESOME!!@!

Most Wal-Mart stores don't even have 10 different Blu-Ray titles in stock, so how is that going to work?

So, umm, does this mean we'll all be wearing electric underwear someday?