NewsSome Progress Made in Internet Radio Royalty Dispute, Though it's Not Enough

The online music industry has always been a touchy one, but today the world came a step closer to ending online royalty disputes. An agreement that’s being called a “breakthrough that will facilitate new ways to offer music to consumers online,” songwriters, music publishers, record labels and digital music websites have concluded a seven year dispute over mechanical royalties and limited music downloads.

Mechanical royalties are the fees paid to songwriters, composers and publishers of music, not the person that only preformed it or the record company that produced the recording. Limited music downloads are downloads with restrictions attached, such as the model used by Napster To Go. iTunes, however isn’t considered limited use because you can listen to your songs as often as you want, without a monthly fee.

As landmark as this settlement is, it still leaves a big hole on the controversial topic of Internet radio. Sites such as Pandora and Live365 remain in a high-stakes standoff with SoundExchange, the company in charge of collecting the fees for artists and record companies. The reason that sites such as these were left out from the normal Internet radio agreement is because they allow users to select the music that they want to listen to, as opposed to simply listening to a pre-determined stream of songs.

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RIAA, itunes, music, Napster, Internet radio, Pandora, Live365, royalty rates
NewsBest Buy Snaps Up Napster for a Cool $121 Million

And so the Napster saga continues (or, depending on your perspective, it comes to an end). The former peer-to-peer pioneer gone legit music service managed to avoid being gobbled up by an ice cream store owner, but the temptation to sell ultimately proved too strong for investors eager to cash in rather than continue to face stiff competition.

According to The Wall Street Journal, electronics retailer Best Buy has agreed to buy Napster for $121 million, which includes $67 million of cash and short-term investments on Napster's books. The acquisition values the digital music service at $2.65 per share, or almost double the closing price on Friday, which sat at $1.36.

"Best Buy intends to use Napster's capabilities and digital subscriber base to reach new customers with an enhanced experience for exploring and selecting music and otehr digital entertainment products over an increasing array of devices," said Best Buy president and COO Brian Dunn.

Napster's chief executive Chris Gorog is expected to remain in his post, along with the company's other senior executives. Best Buy also said it currently has no plans to relocate the music service's Los Angeles headquarters.

Was this a good move for Best Buy? Hit the jump and let us know your thoughts.

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Software, mp3, music, Napster, best buy, acquisition
NewsNapster Still Alive But Struggling Against Stiff Competition

At a glance, the previously struggling Napster appears to have bounced back and is now doing well. As outlined in the company's fiscal first quarter financial report, the music service can boast a positive cash flow for the fifth straight quarter with revenue holding steady at about $30 million. According to Napster's brass, the company is making the right move and is in a good position moving forward. But convincing investors of that is another story altogether.

Despite the positive quarterly financial reports, Napster's stock hit an all-time low in mid-July and today is trading at less than half of what it went for one year ago. Subscribers are down 7 percent from last quarter, and a group of impatient investors have initiated a proxy battle to win seats on the board.

"It's kind of damned if you and damned if you don't," Napster chairman and CEO Chris Gorog laments. "The bottom line is, five years ago we were number 2 or 3 in the this industry, and five years later we're still number 2 or 3 in this industry."

Hit the jump to learn why Napster remains stagnant.

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Software, mp3, music, Napster
NewsOnce Mighty Napster Facing Takeover by Ice Cream Store Owner

Yahoo isn't the only one facing the threat of a proxy battle. Kavan Singh, a 26-year-old entrepreneur who owns a chain of Cold Stone Creamery ice cream stores, wants to freeze Chris Gorog out of his position as Napster 2.0's CEO, which would end his uninspired reign.

Gorog, the former CEO of Roxio, struck a deal to scoop up the once renowned P2P service for just $5 million in 2002, turned it into a legit paid music subscription service, and promised investors an influx of millions of customers. But instead of music listeners turning out in droves, today only about 760,000 subscribers pay a monthly fee to listen to its library of 6 million songs. Since the relaunch 3.5 years ago, stock has plummeted 69 percent, and the company noted a $16 million loss for this fiscal year. Now Singh wants Gorog to step aside.

Along with two other investors, Singh will fight for a board seat at the company's September 18 annual meeting. All three of them blame Gorog and mismanaged marketing for the company's failure to compete, noting that people still associate Napster with illegal activities. "When you tell people they should get Napster, they say, 'What are you trying to do? Get me arrested?'", complains Thomas Sailors, one of the investors running for a board seat.

Whether the ice cream man and his entourage prove successful remains to be seen, but will it even matter, or does Napster have a shot at turning its fortunes around?

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windows, Software, mp3, music, Napster
FROM THE ARCHIVEDaily News Brief: AT&T to Offer Napster Downloads

AT&T will carry Napster's entire music library, XBox 360 may get an integrated Toshiba HD-DVD drive, Live Search gets mad game, free tech support, and more!

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microsoft, Daily News Brief, Xbox 360, Napster
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