Monthly Archives: May 2012

MobiTV Rate Affirmed

In the first appeal of an ASCAP rate proceeding under Judge Cote, the Second Circuit has affirmed the District Court’s decision.

The case is interesting for several reasons.  First, as noted, it is the first rate decision of Judge Cote to be appealed.  The last rate decision of Judge Connor, the former SDNY judge who managed the ASCAP docket, the Yahoo! case, was recently remanded.  Second, the parties offered two vastly different views of the value of the through-to-the-audience (TTTA) license ASCAP provided.  In the proceedings in the District Court, ASCAP contended that it was entitled to over $41 million in fees for the period between 2003 and 2011.  Mobi contended that it owed only $301,257.99 for the period from November 2003 to July 2009.  Third, Judge Cote did not attempt to fashion her own reasonable rate.  Instead, she rejected ASCAP’s proposed fee proposal and generally adopted MobiTV’s fee proposal.  The result of Judge Cote adopting MobiTV’s proposal was a judgment setting a fee of $405,000 for the period from November 2003 through March 2010.

The Second Circuit’s decision is below:
[scribd id=94442720 key=key-2i4664lwwgw43r0cjhed mode=list]

Austin Rules (sort of)

I came across a really interesting paper called “The Geographic Flow of Music” by a pair of researchers from the University College Dublin.  These statisticians analyzed billions of “scrobbles” (song listening data collected by to see if certain cities “led” others in the adoption of new music.  Using methodology developed to detect leadership networks in flocks of pigeons (not A Flock of Seagulls), the researchers determined which cities are music leaders and which cities are music followers.  With respect to “indie” music, Austin ranked about 9th in terms of leadership.  Interestingly, Austin ranked above New York, Houston, San Francisco and Seattle as an “indie” music leader.  Warning: this is an academic paper and uses words like “Euclidean normalization” but the dendrograms are really cool looking.