Thursday 30 April 2009, 11:58 | By CMU Editorial

Approved: The Donkeys (SNAP Of The Day)

CMU Approved

San Diego four piece The Donkeys operate chilled out summer jams ideal for the mid afternoon festival slot. ‘Lower The Heavens’ would certainly fit in perfectly, a grooving instrumental with reams of Fugazi-aping guitar that ends up redolent of Electrelane’s final album (obviously minus the vocals). Flitting from this to ‘In The Morning’ and ‘Nice Train’ and your hitting territory somewhere between My Morning Jacket and the chirpiness of The Shins, however – blissful and simplistic, and tremendously difficult not to fall for.

www.myspace.com/thedonkeys

Three-strikes back on the French Parliament agenda

Business News Legal Top Stories

Trois-strikes is back people. Yes, less than a month after French opposition MPs sneakily took advantage of a low pre-Easter turn out in the country’s parliament to bump government proposals for new rules regarding copyright online, including the introduction of the much discussed three-strike system (illegal file-sharers get two warning letters, then lose their internet), was reintroduced in the French legislature yesterday.

As previously reported, the French parliament’s upper chamber, the Senate, had already passed the proposed new laws, and the lower house, the Assembly, had voted in favour of most of the individual provisions within it. However, when the Assembly voted on the new legislation as a whole a low turnout of government supporting MPs led to the proposals being defeated. They will now have to be approved by both Senate and Assembly anew.

The delay also means the final vote in the French parliament will now come after a recent vote in the European Parliament which passed an amendment to new European telecom regulations, which were originally drafted to support the three-strikes system, but which will now say “no restriction may be imposed on the fundamental rights and freedoms of end-users without a prior ruling of the judicial authorities”.

The whole point of the three-strike system is that content owners can tackle online piracy without having to take every suspected file-sharer to court. Individual file-sharer lawsuits are time-consuming and normally result in nominal damages being awarded, and the existence of such civil action by content owners has not proven to be a deterrent to other file-sharers. The three-strike system, which would be administered (in France anyway) by a government agency rather than a court, would give content owners a quicker, simpler and cheaper way to target persistent file-sharers and the threat of disconnection could possibly prove to be a bigger deterrent.

But some would argue that any system that cuts off an individual’s net access without a court hearing would breach the aforementioned European telecoms regulation. Certainly the MEP who proposed the amendment, Guy Bono, reckons it would, and he is quoted as saying that the new Euro-rule ends all ambitions for a three-strike system being introduced in any European Union jurisdiction.

But the UMP party in France thinks otherwise, and President Nicolas Sarkozy, who has been a big personal supporter of the ‘Creation And Internet’ proposals, has reportedly said he plans to have the new laws passed by his country’s parliament by 14 May.

The content industries, meanwhile, continue to talk in support of Sarkozy and his ‘Creation And Internet’ laws. A group of music and movie companies have issued a statement calling on the French parliament to not get “abused by those who brandish a threat on liberties in front of a text which is mainly educational, preventive and dissuasive”, while the national board of the Directors Guild Of America have “unanimously passed a resolution in support of France’s ‘Creation And Internet’ law, which seeks to combat the growing problem of digital piracy through an education and warning system that would ultimately result in a temporary discontinuation of internet service for those people who repeatedly upload or download content illegally”.

Manics big up The Horrors

Rihanna to get her jewels back

Legal

Rihanna shall have her jewels, so that’s nice. Not that they were hers to start with. Prosecutors preparing the case against Rihanna’s ex-boyfriend and beater Chris Brown have said they will return various items of jewellery which the songstress was wearing the night her other half beat her up.

They had been holding on to the jewellery, worth an estimated $1.4 million, as evidence, but the singer asked for it to be returned, mainly because she’d borrowed it for the pre-Grammy party she’d attended before her altercation with Brown, and was keen to return it to its actual owners.

Prosecutors yesterday said they’d photograph the jewellery in case they needed it in their court case against Brown, and would then return it to Rihanna. Her lawyer, Donald Etra, welcomed the decision, telling reporters: “Rihanna just wants the owners to get their goods back”.

Elsewhere in Rihanna/Brown news, the latter’s lawyer, Mark Geragos (who you might remember as Michael Jackson’s legal man in the earlier stages of his child abuse case) has said he plans to file a motion in court to get his hands on the LAPD’s files relating to his client’s case, which, he reckons, will help him better defend the alleged R&B wifebeater. It’s also thought he’ll be looking for possible police misconduct in the investigation into the Rihanna/Brown fracas.

Etra, meanwhile, again said this week his client would testify if asked to do so, though added that she was hoping the case could be resolved without a trial, presumably through some kind of plea deal.

Angel cured Prince’s epilepsy

Artist News

Prince doesn’t give interviews very often, but they’re always worth the wait. This week the musician and Jehovah’s Witness appeared on US talk show ‘Tavis Smiley’ and revealed that an angel cured him of epilepsy when he was a child.

He said: “My mother and father didn’t know what to do or how to handle [my epilepsy] but they did the best they could with what little they had. My mother told me that one day I walked in to her and said, ‘Mum, I’m not going to be sick anymore’. She said ‘Why?’ and I said ‘Because an angel told me so’. Now, I don’t remember saying it, that’s just what she told me”.

Prince alludes to this in his 1992 song ‘The Sacrifice Of Victor’, which contains the line “Epileptic ’til the age of seven”. In the lyric sheet the word “true” is printed backwards next to this line.

Boyzone’s Duffy treated for hernia

Artist News

Keith Duffy of Boyzone has had an emergency procedure to fix a double hernia, just days after completing the London Marathon. According to the group’s website, the 34 year old singer and actor has been advised to rest following surgery at a Dublin hospital, but will be well enough to join the rest of the band for their upcoming reunion tour, which begins on 25 May.

Duffy, who spent a long while appearing in Coronation Street after the band’s initial demise, finished the marathon in 3h54m, twenty or so minutes ahead of his bandmate Ronan Keating, who also completed the course, in 4h15m.

Country singer Gosdin dies

Obituaries

Country singer and songwriter Vern Gosdin has died in Nashville at the age of 74. He had recently suffered a stroke.

Gosdin, nicknamed ‘The Voice’ because of his rich baritone, was born in Woodland, Alabama, to a musical family who were known as such for their radio show, the ‘Gosdin Family Gospel Hour’. Vern and his brother Rex moved to California in the early sixties, performing with bluegrass group the Golden State Boys, before deciding to perform together as The Gosdin Boys. They achieved moderate chart success, and often performed with and opened for The Byrds, the band’s Chris Hillman having been a member of the aforementioned Golden State Boys.

In the late sixties and early seventies Gosdin left the music industry, but came back to it in 1976 when he signed to Elektra Records, kicking off a solo career that saw him chart a string of 41 singles and eight albums through a number of different labels, his final studio album appearing in 1993.

Blue reform for Capital party

Artist News

I knew Capital FM’s plans to launch a Summertime Ball could only lead to something sinister, and I was right. Blue are going to reform to play the event. Yeah, like we need that. And not only will the tedious foursome warble their tunes at the London party on 7 Jun, they’re also refusing to deny plans to record new material together later in the year. Blue man Simon Webbe simply told reporters: “We don’t want to give anything away”. The Ball, by the way, is Capital FM’s first major live event since it quietly pulled the Party In The Park in 2006. If you’re visioning ball gowns, chandeliers and waltzes, you probably should remember it’s being held at the Arsenal football stadium. And Blue are headlining.

Blazin Squad return

Artist News

Talking of pop reunions, the Blazin Squad are back, oh yes. Which is both happy and sad news, of course, because those of us with our fingers crossed for a second Friday Hill album are now almost certainly going to be disappointed.

For those of you who haven’t been following the Squad as closely as you perhaps should have been, the former ten-piece had a go at making it with just four members in 2006 after three of the original line up, let’s call them Karl, Keith and Kenzie, left to form the aforementioned Friday Hill, and another three, let’s call them Bob, Bill and Benjamin, just left. All ten of the Squad then appeared at some nostalgic (for 2003) live shows last year, but the latest incarnation consists of just five of the original line up, the aforementioned Karl, Keith and Kenzie, along with Bob and one other. He’s called Marcel.

The five hangers on have recorded a new song, the aptly titled ‘Let’s Start Again’, and it’s scheduled for a 1 Jun release. You can check it out here.

30 Seconds To Mars re-sign to EMI

Business News Deals Labels & Publishers

EMI’s Virgin US division have re-signed LA rockers 30 Seconds To Mars, who count actor Jared Leto among their number, of course.

The deal is interesting because EMI last year sued the band claiming they were in breach of their original recording contract for failing to provide three original albums. The specifics of the new deal between the major and the band are not known, though the lawsuit has been dropped.

Confirming the new deal, EMI’s A&R chief Nick Gatfield told reporters: “We are thrilled to have set aside our differences and signed a new agreement with 30 Seconds To Mars”.

Frankmusik to produce Cheryl Cole solo album?

Artist News

Hotly-tipped new boy on the block Frankmusik has claimed via Twitter that he’s producing Cheryl Cole’s solo album, which, you know, might be true. Or it might turn out to be like when Calvin Harris announced that he was supporting Michael Jackson. Everyone knows that David Copperfield is supporting Michael Jackson with a special magic show.

Anyway, here’s what Frankmusik said: “I want to make a lady out of GaGa. Talking to people who only fill me with a terrifying sense of what I could have been, I am producing Cheryl Cole’s solo album!”

Coldplay have drum machine, are not afraid to use it

Artist News

According to The Sun, Coldplay’s new material is heading in more of a dance direction. Apparently drummer Will Champion has bought a drum machine and is now “pushing it to its limits”. A source told the tabloid: “His most recent offering is turbo-charged, to say the least, but the lads have been having a great time working with it”.

Another song is apparently being written in the 7/4 time signature. The source claims that it’s “only the most adventurous of jazz people who compose anything with such an irregular beat” but that’s bullshit.

Cornershop working on new album

Releases

Cornershop will return with their first album since 2002 this year. The first taste of the as-yet-untitled LP will come with a single, entitled ‘The Roll-Off Characteristics (Of History In The Making)’, on 25 May. They’ll also be touring. I walked past Tjinder Singh in the street recently. That’s not really relevant to this story, though.

Tour dates:

27 Jul: Manchester, Moho
28 Jul: Bristol, Thekla
29 Jul: London, Heaven
31 Jul: Birmingham, BA2
1 Aug: Liverpool, LA2

Loop re-release more albums

Releases

Seminal shoegazers Loop are set to re-release the final two albums from their long out of print back catalogue this summer. ‘A Guilded Eternity’ and singles and b-sides compilation ‘The World In Your Eyes’ will hit shelves on 1 Jun, courtesy of the Reactor label, remastered and packed with extra tracks.

Note to readers: You need these.

Here are the tracklistings…

A Gilded Eternity Disc 1:
Vapour
Afterglow
The Nail Will Burn
Blood
Breathe Into Me
From Centre To Wave
Be Here Now

A Gilded Eternity Disc 2:
The Nail Will Burn (Burn Out) (Free 7″ version)
Shot With A Diamond (Free 7″ version)
From Centre To Wave (Peel Session)
Afterglow (Peel Session)
Sunburst (Peel Session)
Arc-Lite (House In The Woods Demo version)
Breathe Into Me (House In The Woods Demo version)
Vapour (House In The Woods Demo version)
The Nail Will Burn (House In The Woods Demo version)
Be Here Now (House In The Woods Demo version)

The World In Your Eyes Disc 1:
16 Dreams
Head On
Burning World
Spinning (Parts 1&2)
Brittle Head Girl
Deep Hit
I’ll Take You There
Brittle Head Girl (House In The Woods Demo version)
Burning World (House In The Woods Demo version)
Spinning (Spun Out) (From the Good Feeling compilation)

The World In Your Eyes Disc 2:
Collision
Crawling Heart
Thief Of Fire
Thief (Motherfucker)
Black Sun
Circle grave
Mother Sky
Pink Moon (From the Nick Drake / Neil Young covers compilation)
Cinnamon Girl (From the Nick Drake / Neil Young covers compilation)

The World In Your Eyes Disc 1:
Arc-Lite (Sonar)
Arc-Lite (Radar) (Daniel Miller Remix)
Sunburst
Arc-Lite (Radiated) (Daniel Miller Remix)
Afterglow (From the Prisma Uber Europa Promo Live 12″ version)
Got To Get It Over (From the Prisma Uber Europa Promo Live 12″ version)
Burning World (From the Prisma Uber Europa Promo Live 12″ version)
Like Rats (Loopflesh) (From the Loop / Godflesh split single)

Blur and Oasis have lucky escape

Releases

If you’re going to put together an anniversary compilation for a genre that had no discernible starting point and didn’t really exist anyway, it would be weird not to include the two bands who were inexplicably the figureheads of it. But that’s what Universal have done with ‘Common People’, a new three disc compilation celebrating the 15th anniversary of Britpop. Although there is actually some quite good stuff on it, Blur and Oasis are nowhere to be seen. The controversy!

Here’s yet another incredibly lengthy tracklist:

Disc 1:
The Auteurs – Lenny Valentino
Elastica – Stutter
Gene – Be My Light Be My Guide
Stone Roses – Love Spreads
James – Laid
Dodgy – Staying Out For The Summer
Saint Etienne – You’re In A Bad Way
Dubstar – Stars
Blake Grape – In The Name Of The Father
Duffy – London Girls’
Marion – Sleep
These Animal Men – Speeed King
SMASH – Shame
Cast – Alright
Bluetones – Slight Return
Perfume – Lover
Boo Radleys – Wake Up Boo
Menswe@r – Daydreamer

Disc 2:
Pulp – Common People
Supergrass – Alright
Sleeper – Inbetweener
Echobelly – Great Things
Powder – Afrodisiac
Northern Uproar – Rollercoaster
Paul Weller – Thechangingman
Divine Comedy – Something For The Weekend
Baby Bird – You’re Gorgeous
My Life Story – 12 Reasons Why
Denim – It Fell Off The Back Of A Van
Kula Shaker – Tattva
Mansun – Wide Open Space
Salad – Drink The Elixir
Placebo – Nancy Boy
Longpigs – She Said
Ocean Colour Scene – Riverboat Song
Shed Seven – Chasing Rainbows

Disc 3:
Super Furry Animals – God! Show Me Magic
Suede – Trash
Kenickie – In Your Car
theaudience – A Pessimist Is Never Disappointed
Catatonia – Mulder & Scully
Space – Female Of The Species
Embrace – All You Good Good People
Gomez – Whippin’ Piccadilly
Geneva – Into The Blue
Rialto – Monday Morning 5:19
Seahorses – Love Is The Law
Hurricane #1 – Step Into My World
Monaco – What Do You Want From Me
Spearmint – Sweeping The Nation
Lodger – Always Round Here
Earl Brutus – SAS And The Glam That Goes With It
Stereophonics – Bartender & The Thief
Gay Dad – Oh Jim

Jamie T live dates and EP

Gigs & Festivals

Jamie T is to release a new four track EP, ‘Sticks and Stones’, on 29 Jun, and will precede that with a UK tour. A new album is expected later in the year, but for now, here are those dates:

11 Jun: Leeds Cockpit
12 Jun: Cambridge Junction
13 Jun: Northampton Roadmender
14 Jun: Nottingham Rescue Rooms
16 Jun: Newcastle Stage 2
17 Jun: Aberdeen Moshulu
18 Jun: Edinburgh Studio 24
19 Jun: Coventry Kasbah
21 Jun: Bristol Thekla
23 Jun: Manchester Moho Live
24 Jun: London Electric Ballroom

Festival line up update – 30 Apr 2009

Artist News Festival Line-Up Update Gigs & Festivals

SUMMER SERIES, Somerset House, 9-18 Jul: The Enemy are among the latest acts to be confirmed for this year’s Somerset House Series, along with The Mars Volta, Bat For Lashes and Super Furry Animals. www.somersethouse.org.uk/music

GUILFEST, Stoke Park, Guildford, Surrey, 10-12 Jul: The Lightning Seeds have been confirmed to play Guilfest this summer, joining Motorhead, Brian Wilson and The Happy Mondays. The Hamsters will be joining the likes of We Are The Ocean, The Ghost of a Thousand, Hexes and Sharks for the Rock Cave stage, with Rusko, Pendulum and Chris Liberator performing in the Funky End Dance Tent. www.guilfest.co.uk

OXEGEN, Punchestown Racecourse, County Kildare, 10-12 Jul: Calvin Harris, The Noisettes, The Saw Doctors and Starsailor are the latest acts to be added to this year’s Oxegen line up. Spinnerette, The Coronas, The Blizzards, The Answer, The Horrors and Iglu & Hartly have also been confirmed. www.oxegen.ie

SUPERSONIC, various venues, Birmingham, 26-28 Jul: 70’s horror film soundtrackers (including ‘Dawn Of The Dead’) Goblin confirmed, joining acts including Head Of David (first show in 23 years), 65 Days of Static, Berg Sans Nipple, Caribou, Nancy Wallace, PRE, Scorn, Skullflower, Taint, Thorr’s Hammer, Venetian Snares and zZz. www.supersonicfestival.com

SOUTH WEST FOUR, Clapham Common, 29 Aug: Richie Hawtin is the latest act to be added to the South West Four line up, joining previously confirmed Dubfire, Timo Mass, Steve Lawler and Layo & Bushwacka! www.southwestfour.com

END OF THE ROAD FESTIVAL, Larmer Tree Gardens, Dorset, 11-13 Sep: Herman Dune, The Leisure Society, Bob Lind and First Aid Kit have all been confirmed for the Dorset event, along with David Thomas Broughton and Willbird And Peacedrums. Darren Hayman, Dirty Projectors, Iain Archer, Neko Case, Richmond Fontaine and Tiny Vipers are also set to perform. www.endoftheroadfestival.com

EXIT FESTIVAL, Petrovaradian Fortress, Novi Sad, Serbia, 9-12 Jul: Arctic Monkeys, Lily Allen, Moby, Manic Street Preachers, Kraftwerk, Madness, Korn, Grandmaster Flash, Patti Smith and The Prodigy are all set to play Exit’s Main Stage this year. To celebrate a decade in dance, Exit have also announced back to back sets from Kissy Sell Out vs Alex Metric, Eric Prydz vs Adam Beyer, Carl Cox vs Green Velvet and Richie Hawtin vs Dubfire, plus many more. www.exitfest.org

HMV music sales up, but continue to diversify

Business News HMV Timeline Retail

HMV saw its year on year sales volume increase by 11.7% for the four months leading up to 25 Apr. You see, years of rejigging and revamping and rebranding, and all HMV bosses needed to do to turn round their business was push Zavvi over a cliff.

HMV boss Simon Fox admitted that his firm’s good fortune in growing even its music sales, while CD sales continued to decline market wide, was much to do with “changes in our competitive landscape” since Christmas, the demise of Woolworths and Zavvi in particular, of course. He added that his team had been “working hard to take advantage of the opportunities arising from those changes”.

Despite the temporary boost following their competitors’ demise, Fox says that he recognises that his company’s physical music sales will continue to decline, adding that his business plan accounts for an annual drop in CD sales of 10% per year for the foreseeable future. DVDs already amount for 50% of the entertainment retailer’s business, and games are about to overtake music to be the second of the firm’s three main products (music and gaming are currently more or less equal).

Though, of course, while DVDs and video games may help HMV overcome declining CD sales in the short term, as the digital delivery of movies and games starts to properly take off, physical DVD and gaming sales have a limited lifespan too. Which is why the retail chain are busy diversifying even further. In his financial report this week, Fox again noted his company’s previously reported alliance with the MAMA Group, which took the retailer into the live music space, and also announced a new partnership with Orange which will see the mobile firm have a in-store presence in HMV shops, initially in fifteen stores, but potentially across the chain in due course.

The entertainment seller is also dabbling with cinema, having formed an alliance with independent film distributor Artificial Eye, who run the Curzon arthouse cinemas in London. The plan seems to be to put mini cinemas into some of the retailer’s stores, piloting the venture in Wimbledon. Fox said yesterday: “We are really focused on opening our first one or two trial cinemas before we decide exactly the pace of rollout. Around 20 stores could have the capability to operate cinemas within a few years”.

Which is all well and good, but what about recorded music, is that set to just become an occasional sideline for the iconic record shop brand? Well, Fox hopes not. He stressed that he is still very much interested in the digital music business – of course HMV do sell downloads via their website – though he didn’t want to be drawn on what the future of digital music may be, or HMV’s role in it. Admitting that he admires new streaming services like Spotify, he added: “Spotify and others are yet to be profitable. Our focus is to be profitable”.

INgrooves signs up US classical and jazz indie

Business News Deals Labels & Publishers

Digital distributor INgrooves has announced a new deal with Concorde Music owned classical and jazz label Telarc, which also includes the Heads Up label.

The US independent, which operates pretty autonomously from the rest of Concorde, represents a number of pretigious classical and jazz outfits, including the Cleveland Orchestra, the Cincinnati Symphony Orchestra, the Atlanta Symphony Orchestra, the Cincinnati Pops Orchestra, Dave Brubeck, Michael Brecker, George Duke and Oscar Peterson.

INgrooves will digitally distribute the Telarc catalogue everywhere outside the North American market. INgrooves main man Robb McDaniels says: “Telarc and Heads Up have amassed an impressive slew of Grammy awards and are well regarded as two of the leading independent classical and jazz labels”.

We7 announce alliance with mobile handset cash in firm

Business News Deals Digital

Streaming music service We7 has announced a new alliance with Mopay, the online company who pay people for their old phones. Through the We7 alliance, people who cash in their old phones via Mopay will be able to opt to receive their payment in tunes, downloaded by We7’s a-la-carte MP3 download service.

Mopay refurbish cashed in phones and resell them in developing countries. The firm says that they can sell the refurbished phones cheaper than new handsets, opening up the market to a wider audience in said developing countries, where mobile communications are becoming increasingly important.

Confirming the partnership, We7 boss Steve Purdham said this: “The idea to pay with music is a great example of how music can be used to drive business. The team at mopay.co.uk work exceptionally hard to build value for their customers and having the choice of to receive your credit in music or cash is an outstanding way to add value”.

Mopay.co.uk’s Sales & Marketing Director, Simon Walsh, added: “We have always been at the forefront of the online mobile phone recycling market and the partnership with WE7.com is sure to appeal to a wide audience – especially music lovers. With more and more people switching to digital music, and more mobile phones including music players being introduced, we’re confident that WE7 music credit will be one of our popular payment options”.

IPC owner loses 32 million in a quarter

Business News Media

The publishing division of US media giant Time Warner which, among many other things, owns UK-based NME, Uncut, Loaded, Nuts publishers IPC Media, has reported $32 million operating loss for the first quarter of 2009. $18 million is accounted for by bad debts from a magazine wholesaler, but the rest was caused by a 23% slump in revenues, with advertising, subscription and even online revenues all down. Ain’t it great to work in the media at the moment?

UKRD increase offer price for TLRC shares

Business News Media

Local radio company UKRD is very keen to acquire rivals TLRC, in which they already had a 13.3% share. So much so they have raised their offer price.

As previously reported, UKRD recently made a 2p per share offer to buy out the radio firm’s other shareholders. But the biggest of those shareholders, Hallwood, are against the takeover proposals and offered to pay 2.5p per share to any other investors interested in selling.

Nevertheless, UKRD have secured enough interest from other shareholders to secure 40% of TLRC overall. This week they acquired another 1.42% via the London Stock Exchange at 3.25p per share, which means that under City rules they are now obligated to offer that price to all other shareholders.

Presumably they hope the higher price will persuade those other TLRC investors still holding out to sell, so much so that ultimately Hallwood will also sell rather than become a minority shareholder.

The currently loss making TLRC owns 21 local radio stations around the UK, while UKRD owns 13.

This week’s Sub.tv playlist – w/c 27 Apr 2009

Artist News

These, in case you wondered, are the videos being played on the Sub.tv network of screens in students’ unions around the UK this week. New entries marked with a *. More info from [email protected].

A List
Calvin Harris – I’m Not Alone
Ciara feat. Justin Timberlake – Love Sex Magic
Dizzee Rascal & Armand Van Helden – Bonkers
Eminem – We Made You
Girls Aloud – Untouchable
Ironik feat. Chipmunk & Elton John – Tiny Dancer
The King Blues – I Got Love
Lily Allen – Not Fair
The Maccabees – Love You Better
Marmaduke Duke – Rubber Lover
Maxïmo Park – The Kids Are Sick Again
Pink – Please Don’t Leave Me
The Prodigy – Warrior’s Dance
Theory Of A Deadman – Hate My Life
Tinchy Stryder ft N-Dubz – Number 1

B List
Bloc Party – Signs
Britney Spears – If You Seek Amy
Chairlift – Evident Utensil
Daniel Merriweather – Red
Deadmau5 & Kaskade – I Remember
Empire Of The Sun – We Are The People
Golden Silvers – True Romance
In Case Of Fire – Enemies
Kanye West feat. Kid Cudi – Welcome To Heartbreak
Keri Hilson feat. Timbaland – Return The Favour
Kidbass ft Sincere – Goodgirls Love Rudeboys
Ladyhawke – Back Of The Van
Madina Lake – Never Take Us Alive
Steve Appleton – Dirty Funk
T – Pain feat. Chris Brown – Freeze
Tommy Sparks – She’s Got Me Dancing

Tip List
Billy Boy On Poison – Standing Still
The Black Box Revelation – Love, Love Is On My Mind
Black Lips – I’ll Be With You
Elliot Minor – Discover
Esser – Headlock
Manchester Orchestra – I’ve Got Friends
Mr Scruff feat. Roots Manuva – Nice Up The Function
Placebo – For What It’s Worth
Sky Larkin – Antibodies
Toddla T & Herve feat. Serocee – Shake It
Will and The People – Knocking

Cocker isn’t a Tory, okay?

And Finally

Okay, so let’s get this straight. Jarvis Cocker wasn’t saying that he likes Tories when Q quoted him as saying that a Conservative government is “necessary”. He was in fact saying that a Conservative government is inevitable, which is different.

The former Pulp man said in a statement: “In no way am I supporting or suggesting that a Conservative government is a good thing, far from it. Rather, what I intended to get across was that, in the absence of any real alternative, a Conservative government at this point unfortunately seems inevitable”.

Lily Allen knocked out by bare-knuckle boxing

And Finally

Lily Allen has revealed that a gig she was due to play in the Russian city of Saint Petersburg in 2007 was cancelled at the last minute because the then president Vladimir Putin was watching a bare-knuckle boxing match nearby.

Lily said: “I went to Saint Petersburg to play a gig a couple of years ago and it got cancelled because a few hundred metres up the river Putin was watching a bare-knuckle fist fight. Last minute, he decided to go and watch a bare-knuckle fist fight and therefore my concert got cancelled because of security issues. So whatever, Putin – I’m not into you”.

Approved: Gary Go (SNAP Of The Day)

CMU Approved

So, yes, second day at the top of the Daily for Mr Go (he did the SSQ yesterday, ahead of that iPhone set at the Apple Store), though as he’s about to start delivering on all the hype that has built around him since he scored the Take That support slot earlier in the year, that seems justified. And given that we declared him a ‘CMU favourite’ on 6 May 2004, we should probably keep tipping him now the rest of the world is catching on. For those still to investigate what’s behind the hype, Gary Go is a one-man pop machine. Specialising in moribund lines like, “whatever happened to truth, lost without a trace?”, delivered in an earnest, yearning fashion, he possesses a whole host of the traits required for chart types. Single ‘Open Arms’, for example, is sprinkled with more than a touch of Coldplay, and while that might not go down well with all my CMU colleagues, I doubt the millions that bought Chris Martin and co’s last record will mind all that much. Go see what’s behind the hype at this URL.

www.myspace.com/garygo

Seven grand settlement to stupid Santangelo saga

Business News Labels & Publishers Legal Top Stories

You know how we always said from the very start that record companies suing individual file-sharers was counter-productive and an unnecessary expense that would never be compensated for by out-of-court settlements or damages payments? Yeah, well, read this.

One of the longest running and highest profile P2P lawsuits pursued by the good old Recording Industry Association Of America has reached its conclusion. With an out of court settlement of seven grand – a sum that will barely cover the trade body’s lawyer’s lunch expenses.

It’s the Santangelo case. As much previously reported, the RIAA sued Patricia Santangelo in 2005 after discovering that unlicensed music had been uploaded to a file-sharing network via her computer. Although offered the customary four grand out-of-court settlement option, Santangelo, who struggled even turning on her family computer, let alone using it to access and share music files, defended herself in court, despite the cost of doing so (and on occasion without legal representation, because she couldn’t afford it).

It seemed likely that it was Santangelo’s two children, Michelle and Robert, who did the file sharing via the internet connection registered in their mother’s name, though at one time a friend of the children was blamed. It was an interesting test case because the RIAA tried to say that Patricia should be held liable for the actions of her children on her internet connection – Michelle and Robert were both under 18 at the point the alleged file-sharing took place – but the courts didn’t respond favourably to that viewpoint and eventually the RIAA was forced to dismiss its lawsuit. It was an embarrassing stand down for the RIAA who were trying to convince the world that its infringement claims against suspected file-sharers were incredibly straight forward, and that they – the content owners – should always have the benefit of the doubt.

Having dismissed the case against Patricia Santangelo, and presumably keen to win this one whatever the cost, the RIAA began proceedings against Michelle and Robert. The former failed to respond to the lawsuit against her, and so a judge found in the RIAA’s favour by default and ordered her to pay $30K in damages. It was a short lived victory for the trade body in relation to the Santangelo saga though, because an appeal judge subsequently voided the decision, saying he was uneasy with this kind of case being ruled upon by a default judgement, preferring cases like this to be decided on their merits.

Robert Santangelo, meanwhile, defended the action launched against him. His defence claim was lengthy and not entirely convincing legally speaking (a lot of the defence claims used had been unsuccessful elsewhere), though it meant the whole costly and embarrassing Santangelo saga continued for the record company reps. Good news for their lawyers, less good for the labels.

Anyway, to now, and following a testimony by a friend of Robert’s to the effect that the defendant used Kazaa on an “almost daily” basis to access illegal sources of music, and a deposition by Michelle in which she admitted to accessing music via P2P, a settlement has finally been reached. For seven grand.

OK, more than the original out-of-court settlement offered to Patricia back in 2005, but given the cost, both financial and in PR terms, of the endless legal battles since the original lawsuit was filed, the RIAA, nor the record companies they represent, are hardly the winners here. Especially as the family’s attorney has told the Associated Press that the two children haven’t even admitted wrongdoing as part of the settlement, choosing to pay up simply to draw a line and put the whole thing behind them.

There seems little doubt that many hundreds of unlicensed tracks were downloaded and possibly uploaded by the Santangelo children, and, despite claims used in Robert’s defence, such action has generally been deemed illegal under US copyright law in various American courts. But that’s not really the point. What the Santangelo case proves is that the policy of suing thousands of individual music fans for file-sharing was dumb. It was never going to work as a deterrent, and the damages that could be raised would never cover the costs of running the litigation.

Moreover it made the major record companies – in the US and elsewhere (even in the UK where lawsuits against fans were incredibly few and far between) – seem like a bunch of money grabbing litigious cunts who didn’t deserve public or political support in their bid to find a business model and copyright system that works in the digital domain.

Even the judiciary, while normally ultimately ruling in the record labels’ favour on issues of copyright law, often held the litigious record companies in contempt. As shown from my favourite quote to come out of the Santangelo case, delivered by a judge in response to an RIAA lawyer who argued that Patricia, at that point unable to afford a lawyer, should instead make a deal with the record companies via the call centre the trade body had set up to deal with its litigation campaign.

The judge hit back thus: “Not once you’ve filed an action in my court. You file an action in my court, your call centre is out of it. They have nothing to do with anything. You’re taking up my time and cluttering up my calendar, so you will do it in the context of the court. And if your people want things to be done through the call centre, tell them not to bring lawsuits”.

The RIAA have, of course, now brought to an end their music-fan-litigation programme, though they are proceeding with outstanding cases, one of which – the previously reported and high profile Tennenbaum case – is sure to make them look even more like a bunch of money grabbing bastards in PR terms, however good their legal case may be.

So what can record label chiefs learn about the whole Santangelo saga now it’s at an end?

Well, first, be suspicious when lawyers suggest litigation solutions to business problems. Second, don’t pretend complex legal matters are simple, or that vague laws definitely go in your favour, you’ll look stupid when the complexities come up in court. Third, where possible try and avoid suing web-illiterate mothers and teenage music fans.

And fourth, remember both business models and copyright systems need reforming from time to time. You’ll be able to rework the former better if you’re not wasting time and money suing your customers. And you’ll have more success lobbying for changes in the latter if the world at large don’t think you’re a bunch of money grabbing bastards.

And fifth, when CMU tells you something you’re doing is stupid take note. Scientific research has proven we’re always right.

Pirate Bay funder calls for retrial over judge’s alleged bias

Business News Digital Legal Top Stories

The legal rep of The Pirate Bay’s money man, the fascist loving (allegedly) Carl Lundstrom, has requested a retrial for him and the rogue BitTorrent tracker’s three founders after those revelations last week that the judge who ruled on the original trial is a member of two intellectual property organisations who advocate stricter copyright regimes.

As previously reported, Swedish media revealed last week, just a few days after The Pirate Bay Four were given a year in jail for their role in enabling mass infringement via their search engine service, that Judge Tomas Norstrom was a member of The Swedish Association for Copyright and the Swedish Association For The Protection Of Industrial Property. One of which also counts various lawyers associated with the prosecution as members.

Norstrom maintains his involvement with those bodies did not influence his ruling, though some commentators reckon that – even if that is true – he should never have accepted the case because the accusations of bias were inevitable.

All four defendants, so that’s Peter Sunde, Fredrik Neij and Gottfrid Svartholm as well as Lundstrom, have already lodged appeals against their convictions, but Lundstrom’s lawyer Per Samuelson yesterday filed new legal papers calling for a complete retrial based on the bias allegations against Norstrom.According to Reuters, Samuelson’s legal submission said: “Tomas Norstrom was biased during the trial [and] he neglected to inform the defendants and their lawyers of the facts that constituted the bias”.

The Swedish Court Of Appeal will now consider both the appeal and retrial applications made by Samuelson and the other defendants’ lawyers, and decide whether to hear an appeal themselves, or send the case back to the District Court for a retrial under a new judge. The latter would be more embarrassing for prosecutors and content owners, and would presumably set aside the original judge’s sentence pending the retrial.

ASA say Iggy insurance ads misleading

BBC pulls Kershaw interview

Thursday 30 April 2009, 11:58 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:57 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:56 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:55 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:54 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:53 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:52 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:51 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:50 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:46 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:45 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:44 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:42 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:41 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:40 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:39 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:38 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:37 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:36 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:35 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:34 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:33 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:32 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:31 | By CMU Editorial

READ MORE ABOUT:

Thursday 30 April 2009, 11:30 | By CMU Editorial

READ MORE ABOUT:

Wednesday 29 April 2009, 12:25 | By CMU Editorial

READ MORE ABOUT:

Wednesday 29 April 2009, 12:23 | By CMU Editorial

READ MORE ABOUT:

Wednesday 29 April 2009, 12:22 | By CMU Editorial

READ MORE ABOUT:

Wednesday 29 April 2009, 12:21 | By CMU Editorial

READ MORE ABOUT:

Wednesday 29 April 2009, 12:20 | By CMU Editorial

READ MORE ABOUT: