Music royalty groups ASCAP and BMI are harassing online music stores such as iTunes to pay performance fees not only for the songs that they sell, but for the short clips that they use as previews. You know, the things that entice people to pay for music. They want to be paid for advertisements for their product.

Just how backwards is this industry? How many years can they continue to just not get it in such an extreme way? You would have thought that maybe it would have taken a few years for them to figure out the internet, but we're way beyond that. This entire industry seems to be run by people who don't just not understand the internet, but are aggressive about not understanding the internet. They have their old way of doing business and the old way the world works, and they'll be damned if any new fangled thing like a complete upheaval in the way people acquire and listen to music is going to change that.

It'd almost be funny if the people who were really being harmed by these jackasses weren't the artists. Bands aren't the ones pushing for something that will only end with their best form of advertising being pulled from the iTunes Music Store (because make no mistake, that's what will happen before Apple pays for fucking song clips). It's these royalties idiots, the same people who almost killed off Pandora.

So here's the bottom line, guys: you're doing it wrong. And you've been doing it wrong for a while. You need to figure out a new way of doing business, and that doesn't mean just shifting fees around and charging where you clearly shouldn't be charging. Earn your paychecks, because unlike the bands you purport to be representing, you're still getting them. [CNET via Electronista]

"Conversations between Apple and EMI are ongoing and we look forward to the day when we can make the music available digitally. But it's not tomorrow."

Looks like The Beatles Rock Band is still gonna be the only (legit) way to snag The Beatles catalog completely digitally, at least until someone kicks EMI in the ass hard enough to make it happen. [FT]

More performance art/zen seance than actual music, 4'33" is intended to emphasize those critical moments of nothingness in music by being composed of only that nothingness. The piece becomes whatever background sounds are present during a performance, making it probably the truest expression of Cage's "everything is music" milieu.

And if you think downloading the piece from iTunes is more on the absurd side, check out this live performance, complete with full orchestra (turning blank pages) and audience. After each movement, the coughing, the coughing. Great stuff.

And this, clearly, is a performance John Cage would never have conceived of when he created the piece in the 1950s, but one he would enjoy very, very much, I think:

Whether Cage would be happy he was made the butt of what appears to be an April Fool's Day joke though is another matter. [iTunes via MacUser]

It's a further indication that lots of the Genius-related magic happens on the server, as the feature was re-introduced to iTunes without a local software update, according to the iLounge folks.

So, as you can see, I don't use iTunes to keep track of my movies, so Genius couldn't offer me any recommendations inside my library. And if you need something to suggest to you that you may be interested in the other Batman movies while you're watching Dark Knight, this is the tool for you. [iLounge]

The apps released by five Universal artists—All-American Rejects, SouljaBoyTellem, Pussycat Dolls, Lady Gaga and Keri Hilson—are all of this shallow breed of app. They've got some promo video clips with interviews and stuff, a weird chat application to talk to other superfans, and then a section that's really glorified links to the iTunes store to buy music.

In other words, they're not totally awesome like Presidents of the United States of America's, which actually gives you their entire catalog in a single app for like 3 bucks. But it points to a trend we're not too keen on, the proliferation of dedicated content apps: One app for every band I like? Or even record label? It's a recipe for ridiculousness, and it's a trend that looks like it's gonna keep growing as labels and studios look for new ways to extract every precious penny from our pockets. Luckily, for now, most of the apps suck so you don't actually have to worry about downloading them. [Ars Technica]

Apparently Depeche Mode is still making music, and Dave Gahan is still alive. And while the Mode isn't necessarily floating my boat, I like this model for individual artist subscriptions. Here it's mostly a promo for DM's new album, Sounds of the Universe—along with the album when it's released, you'll get a trickle of singles, remixes and videos before and after the record comes out (there is no complete list of everything you'll receive)—all in iTunes Plus DRM-free format.

I would probably do this for an artist that I was truly interestested in. Ahem, Mr. Mayer, please stop sitting next to Jennifer Aniston at the Oscars and start printing iTunes Passes. [iTunes Store]

EMI MUSIC DEBUTS FIRST iTUNES PASS WITH DEPECHE MODE

U.S. FANS TO HAVE ACCESS TO NEW AND EXCLUSIVE SINGLES, REMIXES, VIDEO AND OTHER CONTENT OVER COMING WEEKS

INCLUDES DEPECHE MODE'S UPCOMING 12TH STUDIO ALBUM, "SOUNDS OF THE UNIVERSE," PLUS ADDITIONAL EXCLUSIVE CONTENT RELEASED ON iTUNES

NEW YORK – February 24, 2009 – EMI Music today announced the debut of the first iTunes Pass with groundbreaking electro legends Depeche Mode. With iTunes Pass, music fans can get new and exclusive singles, remixes, video and other content from their favorite artists over a set period of time, delivered to their libraries as soon as they're available.

The first iTunes Pass debuts today in conjunction with Depeche Mode's forthcoming 12th studio album, "Sounds of the Universe," to be released on April 21 in the US. Fans who sign up starting today get the alternative/dance pioneers' new single, "Wrong," as well as the Black Light Odyssey Dub Remix of the new track "Oh Well." They will also receive the new album on its street date plus great music and video exclusives before and after the album's release over the next fifteen weeks. The Depeche Mode iTunes Pass can be purchased starting today for $18.99.

"As we work to better understand music consumers and help create stronger connections between fans and artists, we are pleased to work with Apple and Depeche Mode to kick off iTunes Pass," said Ronn Werre, president, Music Services for EMI Music. "We think it's a great new platform that will change the way artists engage with their audiences and also a powerful new way for us to build value for our artists' music. And with iTunes Pass, Depeche Mode are once again demonstrating that they are true trailblazers and innovators when it comes to creating amazing music and connecting with their fans."

"iTunes Pass is a great way for artists to give exclusive music and video, on their own schedule, directly to their fans." said Eddy Cue, Apple's vice president of Internet Services. "iTunes customers are going to love getting additional content directly from their favorite artists right when they make it available."

"The relationship between Depeche Mode and their fans has always been our top priority," said the band's manager, Jonathan Kessler. "We are thrilled to be the first to participate with Apple in giving fans the kind of deep musical experience they expect from Depeche Mode."

Today also marks the launch of the worldwide iTunes album pre-order for "Sounds of the Universe."

As one of the most influential bands of the post-punk era with global sales in excess of 100 million, Depeche Mode belongs to a select premier league of supergroups who have survived from the early 1980s with their ideals, creative vision and core members intact. Formed in 1981, Depeche Mode - Martin Gore, Dave Gahan and Andy 'Fletch' Fletcher - continue to win critical and commercial acclaim across the world both in the studio and on the road. All of the band's 11 studio albums have reached the Top Ten in not only the UK and USA but 20 plus countries around the world including Canada, Germany, France, Italy, Spain, Sweden, Denmark, Switzerland, and Belgium. Since their inception, Depeche Mode's live shows continue to be a must-see attraction, with the group playing to 2.8 million people across 31 countries on their last tour alone.

Yeah, definitely looks fucked up to me. Oops.

According to Apple UK, the problem happened when they tried to censor potentially offensive words, and here is precisely where I get lost, because they were looking for "teen", "hot" or "Johnny". Hello? I understand a database glitch leading to innocent songs to be censored, but that word selection? For sure, the dick and the dyke in "D**k Van D**e" can be considered offensive by some, but the Johnny in "J****y Cash" or the hot in Avril Lavigne's "H*t"?

Seems to me like a level of idiotic politically correct censorship that not even the FCC will apply here in the United States. [BBC News]

Oh, and talking about censorship and the FCC, I just can't have enough of this one:

Or this one, for that matter.

Me being an all-you-can-eat hater (not of the buffets, of course) does come from the somewhat hypocritical position of someone who, ahem, occasionally pirates music. And I don't think I'm alone here; once we all discovered you can find an instant high-speed download link to just about any album after less than five minutes of Googling with almost no exceptions, it's hard not to succumb. With a music subscription you can at least pretend like you're supporting the artists you love, but in the end, your $20 a month is far less potent than buying the records you love on vinyl or a T-shirt straight from the band, or going to a show and bringing all your friends.

Also, I use iPods. There isn't an elegant all-you-can-eat solution there yet, but an unlimited iTunes subscription would change the scenario. And if it was for life, like some of the rumors have mentioned, well, we've got a tough decision on our hands.

So today's question is an epic three-parter (this has been on my mind for a while). First:

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For those in the "hell no" category:

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And finally:

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To clarify, this happened because NBC doesn't own the distribution rights to all the shows they broadcast. In the world of television, networks and production studios are separate entities. It's not uncommon for a studio such as NBC to produce a show that will air on another network like ABC or Fox. And generally, the production studios get the final say as to how a show is used after it airs on television (i.e. DVDs, syndication, etc...). In this case NBC didn't get the say on all its shows on the iTunes Music Store. That explains why some shows, such as Chuck (pictured above and produced by Warner Bros.) are still on iTunes.

It also seems only this season of NBC shows have been pulled. Prior seasons of NBC shows previously sold are still available in their entirety. [setteB.IT]

Roll-out will start in NYC and Seattle, hitting 600 stores. By November, the SF area will have 350 stores. Apple and Starbucks plan to have all shops in major cities ready to go by end of 2008, and every Starbucks that has Wi-Fi by end of 2009.

Apple and Starbucks Announce Music Partnership

Wirelessly Find and Buy Music at Starbucks

SAN FRANCISCO—September 5, 2007—Apple® and Starbucks today announced an exclusive partnership that lets customers wirelessly browse, search for, preview, buy and download music from the iTunes® Wi-Fi Music Store at Starbucks onto their iPod® touch, iPhone™ or PC or Mac® running iTunes while at a participating location. When a customer enters a participating location, their device will automatically recognize the iTunes Wi-Fi Music Store using a high-speed Wi-Fi wireless network with no connection fee or hotspot login. Customers will be able to browse, search and freely preview millions of songs, including a new "Now Playing" service which displays the name of the song playing in the Starbucks store at that moment, then easily buy and download songs or albums directly to their device. Prices and selection on the iTunes Wi-Fi Music Store are the same as on the regular iTunes Store. The service will make its debut at more than 600 Starbucks company-operated locations in New York and Seattle on October 2.

"Getting free access to the iTunes Wi-Fi Music Store and the 'Now Playing' service at Starbucks is a great way for customers to discover new music," said Steve Jobs, Apple's CEO. "Imagine walking into a participating Starbucks, hearing a great song, and being able to instantly download it onto your iPod or iPhone. We think this is very cool."

"With this partnership, we're bringing Apple's leadership in digital music together with not only our retail footprint, but the unique Starbucks experience, to offer customers a world-class digital music experience," said Howard Schultz, chairman, Starbucks Coffee Company. "Introducing this new service is a natural extension of our music strategy which only enhances the retail coffee experience for customers by helping them discover and acquire new music instantly."

After its debut in New York and Seattle on October 2, the iTunes Wi-Fi Music Store will continue its national rollout to 350 Starbucks stores in the San Francisco Bay area on November 7; 500 stores in Los Angeles in early February 2008; 300 stores in Chicago in March 2008; and additional markets throughout the US later in 2008.

The iTunes Wi-Fi Music Store at Starbucks will run on the robust T-Mobile HotSpot Wi-Fi network which is available at participating Starbucks locations across the US.

With Apple's legendary ease of use, pioneering features such as Cover Flow™, integrated podcasting support, iMix playlist sharing, seamless integration with iPod and iPhone, and the ability to turn previously purchased songs into completed albums at reduced prices, the iTunes Store is the best way for PC and Mac users to legally discover, purchase and download music and video online.

Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the mobile phone market this year with its revolutionary iPhone.

Starbucks Coffee Company provides an uplifting experience that enriches people's lives one moment, one human being, one extraordinary cup of coffee at a time. To share in the experience, visit www.starbucks.com.

At the same time, the free Washington Post video wonkcast is now offered up on the iTunes store in 720p. Sure, Apple has served up quite a few trailers in HD on its website, but could this be foreshadowing of 720p-ness to come on iTunes? Strangely enough, 720p needs to be down-rezzed to play back on an iPod. But 720p offerings give one more good reason to consider the Apple TV hardware, which after all, is capable of that lowest HD rez.

What will happen next?

Some have said Apple may announce something about this at the NAB (National Association of Broadcasters) convention next week, but that's more of a broadcasting equipment show than a content confab. Anyway, could happen. We'll be there to bring you the story firsthand. – Charlie White

HD video podcasts come to iTunes—and Apple TV [Crave and MacRumors]

Audiophiles rejoice, because those rumors just might be true. In a private release of iTunes Producer 1.4, the application used by record companies to compress music for submission to the iTunes music store, the software is newly capable of encoding music using the Apple Lossless format. This is a really good thing, because heck, even with our addled ears, we don't much like the sound of Apple's Advanced Audio Coding (AAC) format. – Charlie White

Apple Lossless format coming to iTMS? [Apple Insider]

"We can't be put in a position where we lose the ability to price our most popular content higher than less popular stuff," said a studio exec close to the negotiations."

What do you think? Let's have a vote. Download movie price poll after the jump. – Charlie White

Apple, studios reportly at pricing impasse on movie downloads [ars technica]

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Skip the Coin-Counting Fee at Select Coinstar Centers and Get a Gift Card or eCertificate [Coinstar via Shiny Shiny]

Other tipsters added that some Asian providers are allowing their customers only 50 songs on their ROKR phones, and that this is a page that lets them pay to upgrade to 100. One can only wonder if there is indeed some movement on this 100-song limit, though, especially with recent talk of a deal between Motorola and Microsoft and rumors of Apple's own 'Mobile Me' MVNO cellphone network.

Upgrade Your ROKR [3/25/84 via TUAW]