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As a presidential candidate, Barack Obama won applause from legal adversaries of the recording industry. Stanford law professor Larry Lessig, the doyen of the "free culture" movement, endorsed the Illinois senator, as did Google CEO Eric Schmidt and even the Pirate Party.

That was then. As president-elect, one of Obama's first tech-related decisions has been to select the Recording Industry Association of America's favorite lawyer to be the third in command at the Justice Department. And Obama's pick as deputy attorney general, the second most senior position, is the lawyer who oversaw the defense of the Copyright Term Extension Act--the same law that Lessig and his allies unsuccessfully sued to overturn.

Obama made both announcements on Monday, saying that his picks "bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times." The soon-to-be-appointees: Tom Perrelli for associate attorney general and David Ogden for deputy attorney general.

Tom Perrelli

(Credit: Jenner and Block)

Campaign rhetoric aside, this should be no surprise. Obama's selection of Joe Biden as vice president showed that the presidential hopeful was comfortable with someone with firmly pro-RIAA views. Biden urged the criminal prosecutions of copyright-infringing peer-to-peer users and tried to create a new federal felony involving playing unauthorized music.

Perrelli is currently a partner in the Washington offices of Jenner and Block, where he represented the RIAA in a a slew of cases, including a high-profile bid to unmask file sharers without the requirement of a judge reviewing the evidence first. Verizon initially lost to the RIAA, but eventually prevailed in 2003 when a federal appeals court ruled the record labels' strategy under the Digital Millennium Copyright Act was unlawful.

Perrelli has represented the RIAA in other lawsuits against individual file sharers. One filed in Michigan accuses a university student of distributing "hundreds of sound recordings over his system without the authorization of the copyright owners." A lawsuit against a Princeton University student makes similar arguments; Perrelli and his colleagues also tried to force Charter Communications to give up the names of 93 file-trading subscribers.

David Ogden

(Credit: WilmerHale)

A 2004 summary of a Boston lawsuit written by Harvard's Berkman Center--which opposed the RIAA in this and a current case--quotes Perrelli as telling a federal judge that it would be easy to determine who was using a wireless network to share music. "It is correct that the actual downloader may be someone else in the household," he said, but any errors can be determined easily after a "modest amount of discovery."

An article on his law firm's Web site says that Perrelli represented SoundExchange before the Copyright Royalty Board--and obtained a 250 percent increase in the royalty rate for music played over the Internet by companies like AOL and Yahoo. Perrelli previously worked in the Clinton Justice Department.

An article in Legal Times titled "Building an Entertainment Beast in D.C." says that in 2002, Perrelli used Jenner's reputation as an appellate law firm to "get a meeting with officials at the RIAA, at a time when Internet file-sharing entities like Napster were threatening the music business." A year later, in 2003, the law firm recruited Steven Fabrizio, previously the RIAA's senior vice president for business and legal affairs, and business began booming (the RIAA also used the Jenner law firm to write a friend-of-the-court brief in the copyright extension lawsuit).

If confirmed by the Senate, which is unlikely to pose much of a hurdle, Perrelli would oversee the department's civil division, the antitrust division, and the civil rights division.

Obama's choice for deputy attorney general--the second-in-command at Justice--is David Ogden, who's currently a partner at the WilmerHale law firm.

As assistant attorney general for the civil division, Ogden was responsible for organizing the defense of the Child Online Protection Act, or COPA, an antiporn law that has been challenged by the ACLU in court for more than a decade with no resolution. His department also successfully defended the Sonny Bono Copyright Term Extension Act before the U.S. Supreme Court.

Ogden's biography at Wilmer Hale says only that he represents the "media and Internet industries, as well as major trade and professional associations," without listing details. The Justice Department, barring exceptional cases, has a duty to defend laws enacted by Congress.

Perrelli, on the other hand, went out of his way to recruit the RIAA as a very lucrative client: his law firm bills some partners' time at a princely $1,000 an hour.

During his confirmation hearing, it will be instructive to see if senators ask whether his zealous anti-file sharing advocacy can make him an objective civil servant--especially when these same politicians want the Justice Department to sue peer-to-peer pirates at taxpayer's expense. (Then again, if that proposal becomes law, Perrelli's surely the right man for the job.)

It will also be instructive to see if this week's news prompts some of the RIAA's longtime adversaries to moderate their enthusiasm for Obama's technology policies.

Updated at 4:30 p.m. PST with details on the file formats Apple is using.

Apple and the three largest music labels didn't take any half steps in walking away from copy-protection software at Macworld 2009 Tuesday.

Apple could have announced, as expected, simply that the iTunes Store would begin offering songs stripped of digital rights management from now on. Instead, the country's largest music retailer secured licenses that will enable users to upgrade their existing DRM-wrapped music and strip it of the controversial software--but it's going to cost them.

An Apple spokesman offered more details: Users of iTunes can now upgrade their music libraries with a click of a button. For an additional 30 cents per song, a user can receive a DRM-free version of their existing tracks at a 256-kbps bit rate.

The iTunes files will still be in Apple's preferred AAC format, not the more widely supported MP3. But as Matt Rosoff points out, a lot of recent digital music products do support the AAC file format, including Sony's newer Walkman players and Microsoft's Zune and its next version of Windows Media Player.

Starting Tuesday, Apple will offer 8 million DRM-free songs and will add another 2 million by April. The hold-up for the remaining songs is due to licensing issues, according to my sources.

I'm not going to gripe about that. Those kinds of details work themselves out, and it's impressive that Apple and the major labels--Universal, Sony BMG, and Warner--worked out a deal for the 8 million.

With the move, Apple's iTunes is also making its strongest foray into interoperability. From now on, iTunes' music should play on any digital player, meaning iTunes users don't have to worry about their music libraries being locked out of some future digital music player.

Apple had already offered DRM-free music from EMI, the fourth-largest music label, at a higher bit rate for a premium price.

Click here for more Macworld Expo coverage from CNET News.

Macworld--the last Macworld with Apple as a participant--got under way in San Francisco on Tuesday, with Apple unveiling plans to expand DRM-free tunes. CNET News' Greg Sandoval, who broke that story Monday, also talks about Apple's plans to roll out a flexible pricing strategy for selling music.

Today's stories:

Sources: Apple to expand DRM-free music, new pricing

New HP ultraportable first to use AMD Neo chip

Green-tech VC jumps nearly 40 percent in 2008

Cisco's home-networking push

Logitech to slash 15 percent of workforce

We're posting live updates from Macworld 2009 at San Francisco's Moscone Center, where Apple's senior vice president of worldwide product marketing, Phil Schiller, is delivering the keynote speech.

Phil Schiller takes the stage to deliver the keynote speech at Macworld in San Francisco.

(Credit: James Martin/CNET Networks)

8:55 a.m. PST: We're live inside the Moscone Center for Macworld 2009, having braved the elbows of the friendly media hordes and the rather aggressive ushers. The room is fairly full, but the line outside this morning seemed a little smaller than usual, unless IDG did a better job of herding the masses in early. The pre-keynote music is skewing more current than usual before a Jobs keynote, with Death Cab for Cutie and the like, which maybe gives us an idea of what Phil Schiller uses to warm up.

9:03 a.m.: We just got the cell phone warning message, which probably gives us a five-minute window or so. They turned up the volume for Coldplay's "Life in Technicolor," and I'm assuming we're getting close.

9:04 a.m.: The lights dim as the song ends, and Apple's Phil Schiller takes the stage to start Macworld 2009. He appears to be rocking an all-denim ensemble. It's a little hard to tell from here. "I'm so personally excited to be the one delivering Macworld 2009 to you. I'd like to thank everybody for showing up," which gets a chuckle.

9:06 a.m.: Phil's first topic is the general state of Apple, talking about some of the new Apple stores that the company has opened overseas, such as Beijing and Sydney. He's gushing about some of the new store designs. "I can't imagine any other company delivering something like that." Every week, 3.4 million customers visit an Apple store around the world. "That's 100 Macworlds each and every week," a clear pointer to Apple's decision to make this its last Macworld.

9:07 a.m.: Phil's going to start with the Mac, and he seems to be hinting that's all we're going to talk about today. Last year was the best year for the Mac in Apple's history, he said, growing faster than the industry based on what Phil calls Apple's best product line ever. Phil has three new things he's going to cover.

"Popular" earned Nada Surf heavy MTV airplay in the '90s, but the alterna-rockers have actually been recording their best stuff in the last several years for Seattle's Barsuk label. New '08 album "Lucky" (and their vinyl box set) showcases jangly, clever indie pop that's deliciously infectious.

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Editor's note: This article was written Monday, before Apple made any announcements about changes to iTunes. You can read the story that followed the company's formal announcement at Macworld 2009 here.

Apple has cut deals that will finally enable iTunes to offer songs free of copy protection software from the three largest music labels, according to two sources close to the negotiations. In exchange, Apple has agreed to become more flexible on pricing, the sources said.

Under the terms of the deal, song prices will be broken down into three categories--older songs from the catalog, midline songs (newer songs that aren't big hits), and current hits--said one of the sources. Apple has offered songs free of digital rights management protections from EMI for more than a year. But EMI accounts for less than 10 percent of music sold in the U.S.; these new deals will expand iTunes' DRM-free library to include songs from the other three major labels (Sony BMG, Universal, and Warner Music).

Apple and the music labels have also apparently come to terms on over-the-air downloads, according to a source. That would allow iPhone owners to download songs to their mobile devices via cell networks and without the aid of Wi-Fi. Apple, which closed the deals last week, could announce the agreements as early as Tuesday at the Macworld Conference and Expo in San Francisco.

Apple did not respond to requests for comment.

DRM-free songs are something that many iTunes users have requested for some time. However, the celebration over their appearance at the country's largest music retailer may be overshadowed by increased prices on some hit songs, which might be seen by some as an Apple surrender on pricing. Apple fans have long applauded the company for holding the line on pricing despite loud complaints from the major music labels.

The good news is that the price of catalog music is falling to 79 cents per song. The labels will get an opportunity to price some hit songs for more than 99 cents but eventually those songs will drop to 79 cents, according to one source.

Before iTunes users get too worked up, they should remember that song prices at iTunes haven't increased in five years. According to the Consumer Price Index, a 99-cent song in 2002 would be worth $1.17 today.

Not only will new music downloads be free of copy-protection software, but Apple and the labels will begin removing DRM from music already available in the iTunes Store, the source said. However, it's unclear what will happen to songs that have already been purchased.

Click here for more Macworld Expo coverage from CNET News.

In a time when '60s pop-soul is back in style, artists such as Amy Winehouse and Duffy are in high demand. Anjulie is right there in the mix with her catchy throwback single "Boom," which has enough bounce for the dance club yet is laid-back enough for headphone listening.

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*From the Free MP3 archive* Though they left indie labels behind years ago, Death Cab's indie cred's still in full effect. Singer-guitarist Ben Gibbard's confessional, heartfelt lyrics come wrapped in meticulously placed arrangements and straightforward production that results in sturdy, melodic music.

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Playing off the West Coast sibling theme, Kurupt and Roscoeâ??s updated version of The Frank and Jess Story swaps out the horses for lowriders and the cowboy boots for Air Force Ones, and it includes an iller posse featuring Daz Dillinger, Too Short, and Kokane.

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*From the Free MP3 archive* Residents at C.M. Bidasoa in Pamplona, Spain, perform these unadorned Gregorian chants. It's beautiful vocal work inspired by deeply religious experiences.

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