Software companies and their shill groups have been spreading around reports on the "cost" of piracy, which are made bogus by their assumption that every pirated copy of software equates to a lost sale, which simply isn't the case. Now, the MPAA has joined the fun, saying piracy costs it $6.1 billion a year.

The MPAA didn't want to release the study, and it's little wonder why: doing so would not only call into question its previous research, but also be a tacit admission that its "war" on piracy is failing, and failing badly.

The entertainment industry's misguided strategy, reliant on legislation and litigation, is only succeeding at one thing: turning customers into criminals. The industry is fighting a losing battle, and nothing will change until it puts a higher priority on reforming its business models than it does on locking down content and locking up pirates.

The wait for Microsoft's delayed Windows Vista could be even longer than expected, according to a research report issued this week.

In March, Microsoft announced that widespread distribution of Windows Vista would be delayed until early 2007. Now, research firm Gartner Group has reported that the operating system might not be fully available until at least the second quarter of next year.

"Microsoft's track record is clear," the firm says. "It consistently misses target dates for major operating system releases. We don't expect broad availability of Windows Vista until at least 2Q07 (second quarter of 2007), which is nine to 12 months after Beta 2."

Veteran rock stars Cheap Trick and The Allman Brothers Band are suing Sony Music over the amount of money they get for legal downloads.

The bands claim that Sony has promised that half of net revenue it receives from from licensing songs to download services like iTunes and Napster will go to them.

Sony is taking this cash out of the final total. At the moment if you download a track for a dollar, 70 cents of that will go to the record label and four cents will go to the artists. The bands think they should be getting 30 cents.

The bands want to make the case a class action which will cover all Sony artists who signed deals between 1962 and 2002.

The Movielink announcement last month about releasing VOD movies for purchase left me with a lot of unanswered questions. First, who the hell would pay for this? Why would you spend $20 for KING KONG on your computer when you could go to Wal-Mart and buy the DVD for $14 and watch it on your computer, TV, portable DVD player, etc.

After adding BROKEBACK to my shopping cart and completing my purchase, I'm told I need to download an application titled "Movielink Manager," that will essentially manage the download of the file from their server to mine. Easy enough, right?

My download was scheduled to begin immediately after the Movielink Manager installed but never did. I tried again and still no luck.

I'm told my Windows Media software isn't quite up to date and that if I don't update I won't be able to play Movielink files.

Windows Media Player is now updated and I'm prompted to restart my computer. As you might expect, Movielink recommends saving any other documents before restarting. However the dialog box is not letting me click anywhere outside its parameters leaving my only option to restart my computer and lose all my data (including my running diary).

After a refreshing night of sleep, I check the laptop and find that BROKEBACK finally finished downloading earlier this morning at 12:41am. That's 4 hours and 40 minutes after downloading began on a Verizon DSL connection.

It's official: The Bush administration formally said Friday that it will try to halt a lawsuit that accuses AT&T of helping the National Security Agency spy on Americans illegally.

The Justice Department said in its filing that the "United States intends to assert the military and state secrets privilege" and have the case dismissed.

The Bush administration did carefully note, however, that a mere invocation of the state secret privilege should not be viewed as confirmation that AT&T did anything untoward, saying even the non-existence of the activity is a state secret. "The fact that the United States will assert the state secrets privilege should not be construed as a confirmation or denial of any of plaintiffs' allegations, either about AT&T or the alleged surveillance activities," the brief said.

Yahoo Inc. has been cited in a Chinese court decision to jail a dissident Internet writer for 10 years for subversion in 2003—the fourth such case to surface implicating the U.S. Internet giant.

Evidence cited in the verdict included "information provided by Yahoo Holdings (Hong Kong) Ltd. stating that Wang's "aaabbbccc" Yahoo Group was set up using the mainland China-based e-mail address bxoguh@yahoo.com.cn.," HRIC said.

But the verdict did not indicate whether Yahoo Holdings (Hong Kong) Ltd. or Yahoo China-which is now operated by mainland China-based Alibaba.com-provided specific information regarding Wang's identity, the watchdog said. Pauline Wong, a spokeswoman for Yahoo Hong Kong, said she did not have any details about Wang's case.

The case is the latest in a string of examples that highlight the friction between profits and principles for Internet companies doing business in China, the world's number-two Internet market.

According to the EFF, a new Senate bill (S. 2644) sponsored by Senators Feinstein (D-CA) and Graham (R-SC) would effectively ban streaming MP3 for licensed music by requireing 'casters to use the most restrictive streaming format available (e.g., Windows Media or Real) rather than simply the most restrictive features of a chosen streaming format (e.g., Shoutcast or streaming MP3).

The PERFORM Act would ... requir[e] webcasters to use DRM that restricts the recording of webcasts. That means no more MP3 streams if you rely on the statutory license.

Some of Canada's best-known musicians have launched the Canadian Music Creators Coalition, which in the words of the coalition will "ensure that lobbyists for major record labels and music publishers are not the only voices heard in debates about Canada's copyright laws and other key cultural policy issues."

What do they stand for? Given that the artists take umbridge at the fact that the record labels make demands in their name, I'll let them speak for themselves:

"Suing Our Fans is Destructive and Hypocritical
Artists do not want to sue music fans. The labels have been suing our fans against artists' will, and laws enabling these suits cannot be justified in artists' names

Digital Locks are Risky and Counterproductive
Artists do not support using digital locks to increase the labels' control over the distribution, use and enjoyment of music or laws that prohibit circumvention of such technological measures. Consumers should be able to transfer the music they buy to other formats under a right of fair use, without having to pay twice.

Cultural Policy Should Support Actual Canadian Artists
The vast majority of new Canadian music is not promoted by major labels, which focus mostly on foreign artists. The government should use other policy tools to support actual Canadian artists and a thriving musical and cultural scene."

For these artists to publicly stand up and say no to P2P lawsuits, no to statutory damages, no to the use of DRM, and no anti-circumvention legislation takes real courage.

A suit filed recently in US District Court named 83-year-old Gertrude Walton as a defendant, accusing her of serving up over 700 songs onto peer-to-peer networks. Now, the RIAA has gone after grandmothers before. In 2003, they mistakenly targeted a 66-year-old woman for allegedly sharing gangsta rap. But this case goes a bit further, as Mrs. Walton actually passed away in December 2004.

However, when Chianumba received such a letter from the trade group, she sent back a copy of her mother's death certificate in hopes of dissuading them from going ahead with the suit. The RIAA didn't heed the death certification, but it has apparently been convinced to its satisfaction that Mrs. Walton has passed beyond the earthly veil.

A Recording Industry Association of America spokesman said Thursday that Walton was likely not the smittenedkitten it's searching for.

One would hope that they would be more diligent in ensuring that they have targeted the right people. Unfortunately, their history does little to inspire such hopes.

The Recording Industry Association of America (RIAA) has sued a family for sharing files over the Internet. But the family doesn't have a PC, never mind Internet access.

The Rockmart Journal said James Walls was shocked by the court filing.

Nevertheless, according to a lawsuit filed by the RIAA, a member of the family has infringed on the copyright of a number of toons including "Who will Save your Soul" and "I won't forget you".