Beatles 'psycho-acoustic simulation' defense rejected in Web piracy case

Well, it's official.

"Psycho-acoustic simulation" is not an acceptable defense for digital music piracy in the state of California. A judge in Los Angeles issued a temporary restraining order Thursday enjoining music site BlueBeat.com from selling and streaming Beatles songs. U.S. District Judge John F. Walter was not swayed by the Santa Cruz-based BlueBeat's argument that it created "new" recordings by altering the songs through what it called "psycho-acoustic simulation." But as of 7 p.m. Eastern Standard Time Thursday, Beatles songs remained up for sale on BlueBeat.com.

"They can't ignore it," copyright lawyer Ben Sheffner told DailyFinance, referring to the site. "If they do they will be held in contempt. I bet it will be down -- or at least all the EMI stuff -- within a few hours."