Actually, iTunes allows you to encode MP3s at any bitrate you choose. I use 320Kbps (highest quality) for mine because I have lots of disk space; the iPod plays these back at this higher resolution. 128Kbps AAC is used *only* for songs you purchase and download from iTunes. I suspect Apple chose this rate as a tradeoff between audio quality, download time, and server space. Higher bit rates require longer to download, which makes the user experience less convenient. But if you don't purchase music online and just rip your own CDs with iTunes, this won't affect you. You can use the higher bitrate if you want...

And that's a good point about the timeframe of the U2/Negativland fiasco; The Beastie Boys had released "Paul's Boutique" shortly before this and had gotten away scot-free stealing tons of famous samples. They themselves have admitted that they wouldn't be able to release "Paul's Boutique" today.
- G.K. Wicker 9-12-2005 9:18 pm





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