CMU Daily - on the inside Friday 12th November
yesterday's Daily - Daily archive

In today's CMU Daily:
- Beastie Boys not guilty of copyright infringement
- Downloading on the up
- Fans pay tribute to Peel
- Townshend on new Who
- San Fran club cancels hip hop party over security fears
- Live Review: Placebo at London Wembley Arena
- Electric Six on Queen cover
- 50 Cent pleads not guilty to assault charges
- Atomic Kitten reform - oh joy
- Coldplay reschedule LA gig
- Critics not impressed with Britney ICA exhibition
- Universal reportedly ready to work with Fanning's company
- Scissor Sisters on the new album
- Eminem heading for number one
- Live Review: Nick Cave at Brixton Academy
- Jay-Z associated charged over R Kelly pepper spray incident
- Venture capitalists buy Dreamworks' publishing business
- U2 iPods might not contain any U2
- New gadget might help spread of digital radio
- Franz Ferdinand download live this weekend
- Roots Manuva website goes live
- Do Me Bad Things tour
- Extra Babyshambles dates
- Mcfly instore

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CMU FRIDAY TIPS

VIGSY'S CLUB TIP: Nodisko @ Woody's
Getting an increasing amount of good write-ups, this West London night is nothing if not eclectic - featuring an array of club tunes from London to Rome to NY, with electro, dub and house. Zak Frost and Magic Jason Riley are on the case on resident duty. Joining them tonight will be Nodisko virgin Pete Herbert alongside Reverso 68 production partner Phil Mison, who will bring some Ibizan styled vibes to the night. Should be good, and at the rather trendy Woody's, so wear your Sunday best!
Sunday 14th Sep, Nodisko @ Woody's, 41-43 Woodfield Road, London W9 2BA, 8pm-2am, free before 9pm / £5 after, info from nodisko@deepbluemusic.com or http://www.deepbluemusic.com/nodisko

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BEASTIE BOYS NOT GUILTY OF COPYRIGHT INFRINGEMENT
The Beastie Boys have finally won a very long running legal fight with flautist James Newton over the use of his three notes. The rappers used the Newton sample (from his composition 'Choir') in the 1992 track 'Pass The Mic'. Despite the sample being only three notes long and, perhaps more importantly, despite the fact the Beastie Boys' record label paid a license fee to use the excerpt, Newton reckoned his copyright had been infringed and sued accordingly.

But this week the US Court of Appeal backed a previous court decision that cleared the Beastie Boys of any copyright violation. Sounding really quite knowledgeable about these things, Chief Judge Mary Schroeder told the court on Tuesday: "We hold that the Beastie Boys' use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for infringement of Newton's copyright."

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DOWNLOADING ON THE UP
New research suggests digital download services are genuinely growing in popularity among music fans - and that rise may well soon be hitting traditional music retailers hard. Research firm TNS survey the entertainment spending habits of 10,000 consumers across the UK. They reckon the number of people downloading music, and buying CD by internet mail order sites, has increased greatly in the last year. Perhaps more importantly, the web savvy music buyers are spending less than half the amount of money they would have done previously in high street record shops like HMV and Virgin Megastore. While TNS admit the downloading community is still relatively small compared to the overall music market (they reckon around 300,000 consumers were legally downloading music this summer), they say the ever increasing sales of digital music players - especially in the run up to Christmas - should see that community expand rapidly in the coming years, and that will soon impact on the traditional retailers.

Commenting on the latest research, TNS's Ian Waymark told reporters: "Downloading is driving a revolution in people's relationship with music. Consumers are paying attention to the benefits such as convenience, choice and cost savings. Whilst traditional music retailers still hold the vast majority of the market, the rapid growth of downloading cannot be ignored. As downloading popularity increases, traditional retailers will have to find new ways of tempting customers to keep spending with them".

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FANS PAY TRIBUTE TO PEEL
Hundreds of listeners are expected to join the family of John Peel today to pay tribute to the legendary broadcaster at a public memorial service at St Edmundsbury Cathedral, Bury St Edmunds, close to the DJ's Suffolk home. As previously reported, the public memorial will be followed by a private family service for family and friends.

Meanwhile, debate is raging on the website of Peel's Radio 4 show Home Truths as to whether the show should continue with a new presenter. One listener writes: "Like many visitors to the Home Truths Website I am desperately 'listening again' to John's programmes, but am I the only one who would prefer it if the Beeb would now stop making any new ones? I'm afraid I really only tolerated other presenters occasionally because I knew that Peelie would soon be back. Now sadly that is not going to happen, I'm afraid I won't be tuning in. Apologies to the other presenters but John was irreplaceable." The show is continuing just now with David Stafford filling in as presenter.

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TOWNSHEND ON NEW WHO
Writing on his website, Pete Townshend has said he hopes to release a new Who album next Spring, and to follow it up with a tour with the band's only other surviving member, singer Roger Daltrey. He tells his fans he will meet with Daltrey in mid-Dec to play the new songs and: "If the recording works out we will tour with the usual band in the first half of 2005".

Townshend has also spoken about working on his autobiography 'Who He?' - he writes: "I am really enjoying this, and would do what Bob Dylan has done and put out my early years first, were it not for the fact that I was arrested early in 2003. My autobiography now offers me the chance to lay down my life story and place recent events in proper context. I have had a long and lumbering life - this book will take time."

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SAN FRAN CLUB CANCELS HIP HOP PARTY OVER SECURITY FEARS
A San Francisco venue has cancelled a party being held in honour of a local rapper, who was shot dead last week, over fears the artist's murder may trigger retaliatory violence.

Andre Hicks, better known in hip hop circles as Mac Dre, was shot dead last week in Kansas City by an unidentified gunman. Police suggested his murder may be part of growing hostilities between rival gangs in the hip hop community, leading some US hip hop websites to speculate a new gang war could be brewing.

Hicks' funeral caused some controversies because of ongoing feuds between members of his family. It may well have been the presence of 60 police officers at the funeral that persuaded the owners of the Kelly's Mission Rock venue near San Francisco that hosting a tribute party for Mac Dre didn't come without risk.

Confirming the party had been cancelled, an attorney for the club's management told reporters: "There's too much baggage connected with the funeral and the reputation. Kelly's is not going to become a magnet for trouble."

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LIVE REVIEW: Placebo at London Wembley Arena on 5 Nov
OK, I'll start with an admission. For years I've been slating this band left, right and centre - the image, the tunes, Brian Molko's voice, you name it. But last Friday in the space of around two hours my pre-conceptions completely went out of the window. Tonight was the last chance until 2006 to see Placebo perform live, and you could feel the electricity circulating through the venue from the minute the first roadie showed up. By the time the trio walked on stage to perform an extended synth-led rendition 'Taste In Men' the atmosphere was unreal. Whether it was that atmosphere, Molko's performance or the fact I've just not spent enough time with this band's back catalogue I don't know - but a set which I expected to include only a handful of tracks I kinda liked, seemed to consist of one storming song after another - 'Every You, Every Me', 'The Bitter End' 'Special K' and many many more. Then of course there was the special guest appearance during the encore of one Mr Robert Smith - according to Molko: 'The only man in rock who's allowed to wear more make-up than me". With their joint performance of 'Without You I'm Nothing' and, (get this), a cover of 'Boys Don't Cry' things were getting hard to take in. Right now, I can't wait for 2006. YN

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ELECTRIC SIX ON QUEEN COVER
Electric Six are promised another attention-grabbing video to accompany the single release of their cover version of Radio Ga Ga. Directed by Kuntz and McGuire (who also worked on the band's 'Danger! High Voltage!' and 'Gay Bar' videos), we're told the new video "is an overdose of mind-warping surrealism. [Frontman] Dick Valentine is accompanied by an army of luxurious poodles playing instruments, drinking in a bar and clapping - you know, all the things that poodles enjoy doing in their free time. As for the dynamic ending... you'll just have to experience that to believe it!"

On the band's decision to release their version of 'Radio Ga Ga', long a staple of their live set, Valentine admits: "It wasn't a big hit in America so we thought we were doing one of the more obscure Queen songs and were patting ourselves on the backs for that, thinking we were doing a prime cut."

Radio Ga Ga is released on 13 Dec, with a new album set to follow in Jan.

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50 CENT PLEADS NOT GUILTY TO ASSUALT CHARGES
50 Cent has pleaded not-guilty guvnor to the charges that followed that raucous gig back in May in the US town of Springfield (no, not that Springfield). As previously reported, a number of audience members alleged they had been injured by Fiddy when he angrily jumped into the crowd at the gig after someone threw or squirted water at him. A clerk magistrate decided that there was a probably cause for assault and battery charges against the rapper relating specifically to alleged injuries suffered by three women in the audience. Those charges began their way through the courts yesterday, with Fiddy's lawyer filing his not-guilty plea. The rapper is now due in court for a pretrial conference Feb. 8.

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ATOMIC KITTEN REFORM - OH JOY
Well, surely you'll sleep better this weekend knowing that by popular demand (or was that because of failed solo careers? I can't remember) Atomic Kitten are reforming. The trio took time off at the start of the year so Natasha Hamilton could spend time with her young son - band mates Jenny Frost and Liz McClarnon, meanwhile, both announced their intentions to launch solo careers, leading to speculation the group was essentially breaking up. But now the girls plan to release a new single together in Jan, and to start work on a new album. A source told reporters: "They always said they would come back and that's exactly what they are doing. They won't disappoint the public with their new material. Everyone is really excited about their new stuff. The girls are going to be back better than they ever were before." The only hitch in the whole plan is Hamilton is pregnant again and will give birth in Jan - so it is unclear when the girls will actually be able to return to the studio.

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COLDPLAY RESCHEDULE LA GIG
Coldplay have rescheduled an LA gig cancelled for undisclosed reasons last month. Frontman Chris Martin and guitarist Johnny Buckland were due to play the city's Universal Ampitheatre at a 'Sounds Eclectic Evening' organised by LA radio station KCRW on 20 Nov, but the sell out gig was canned at the last minute. Yesterday the band confirmed the gig has been rescheduled - this time with the whole Coldplay line up - for 12 Mar next year.

Elsewhere in Coldplay news, and according to the Sun a schoolgirl was able to raise £4000 for charity after the band sent her a signed triple platinum disc for 'A Rush Of Blood To The Head'. Sarah Sainsbury wrote to the band to ask for their autographs which she planned to auction off for her school's appeal to aid Breast Cancer Care. Coldplay responded with the disc, which Sainsbury arranged to auction at a London fashion event, raising the four grand.

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CRITICS NOT IMPRESSED WITH BRITNEY ICA EXHIBITION
Art critics have criticised the Institute of Contemporary Art for hosting an exhibition of pictures of Britney Spears - presumably all the art critics are Christina fans.

Defending the exhibition, which includes shots taken by top fashion snappers like David LaChappelle and Herb Ritts plus her famous Rolling Stone magazine frontpage and a snap of her controversial kiss with Madonna at the 2003 MTV Video Music Awards, a spokesman for BMG - who hired the gallery for the private exhibition - told reporters: "It is the most fitting place in London for a Britney Spears exhibition - the ICA has a history of exhibiting popular art and photography. This is a major exhibition and the ICA is well known for being up to date, edgy and cool."

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UNIVERSAL REPORTEDLY READY TO WORK WITH FANNING'S COMPANY
Despite all the gossip (mainly spread by us, but anyway) suggesting SonyBMG were about to do a deal with the new company set up by Napster founder Shawn Fanning, insiders now say the Universal Music Group has become Snocap's first major label partner.

Through Snocap, Fanning has been developing something he desperately wanted to achieve at the original Napster before its bankruptcy - a legitimate P2P model the major record labels could endorse.

Reports suggest Snocap isn't intending to compete with the established P2P networks, rather provide a system which would enable the major labels to work with key players like Grokster and Kazaa. Insiders reckon that if Universal is on board, it may only be a matter of time before the other majors follow, especially given SonyBMG boss Andrew Lack's apparent enthusiasm for the Snocap proposition.

Of course if the majors do get involved with Snocap, they will be going into business with Grokster et al just as the Supreme Court reviews their appeal against an earlier court decision that ruled, much to the annoyance of the record labels, that the P2P companies were not liable for copyright violation committed using their software.

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SCISSOR SISTERS ON THE NEW ALBUM
Scissor Sisters guitarist Del Marquis has been speaking to Xfm about the follow-up to their self-titled debut album, which they hope to release next year.

Marquis: "We already have some songs kicking around. But they're not quite well rehearsed enough to start playing live yet. The new material is similar to the sound of the first album, but a little more styled. We have one track called 'Forever Right Now' that's our attempt at a reggae song. It's in the live set at the moment, but it'll probably be saved for the second album. We're definitely looking forward to releasing another album and I'd hope that it would be out by winter 2005. For any band there comes a period of stagnation where you end up taking the piss out of the show. At the moment we're still enjoying playing these songs. But not for too much longer - We'll be back in the studio throughout November."

Scissor Sisters collaboration with Kylie - 'I Believe In You' - is out on 6 Dec.

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EMINEM HEADING FOR NUMBER ONE
Things to be taken as read this morning: Eminem's new album 'Encore' will be number one on Sunday, even though it is only being released today; the new version of 'Do They Know It's Christmas' will be on the Radio 1 playlist next week (it is already listed in fact, even though it's not been recorded yet - first radio play should come on Tuesday morning); if you send Gill to review Nick Cave he will submit a short essay on it...

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LIVE REVIEW: Nick Cave at Brixton Academy on 10 Nov
It's 1977, Elvis Presley doesn't die, he just has a nervous breakdown. He recovers from said nervous breakdown by becoming a clever, cynical, slim, misanthropic and brilliant eccentric anglophile in an un-sequinned understated black suit. And Nick Cave was born [quite how Elvis got to Australia we're not sure, but let's not dwell on that]. Looking like a cross between Richard Nixon and Henry Winkler, you only realise that Elvis isn't dead, and that he's just Nick Cave, when you see him performing live in the flesh. Not only does he sound like a Quaalude-Presley singing Leonard Cohen lyrics over twisted Delta Blues in the style of Captain Beefheart, but he moves and shakes with all the alpha-male-juice electricity and edgy energy of The King at his peak (see the recently released 'Suspicious Minds' live video for reference if you need to).

After treating us to two support bands, including the critically acclaimed Mercury Rev, Cave & The Seeds ambled on stage - an army: four backing singers, two keys-men, bass, guitar, viola/violin and TWO drummers. The first half of the show - a good eight or so tracks - was made up almost entirely of tracks from the new double album, 'The Lyre of Orpheus' and 'Abattoir Blues'. "Oh I'm so glad he played THIS one, I think it's one of my favourites", "Oh now this one is great, definitely one of the strongest off the album," "I KNEW he was going to play this one - it's got to be my favourite." Needless to say, after a handful of songs you start to realise that the album(s) is (are) strong, elegant and eloquent; well-made, well-timed and timeless - and you love every song for that reason. Such a privilege not to have to pick the song or two worth listening to from an otherwise unremarkable long-player. And all this before the inevitable encore, this time devoted to the classics.

Having taken his suit down a notch from a three-piece to a two-piece, a la Elvis taking of the fifties-automobile-fin-style-shoulder-ornaments, he rendered oldies like 'Deanna' and the gruff and Southern 'Red Right Hand' full of haunting yet uplifting soul with the use of his four-piece choral team - with the jilting rawness of the Antipodean goth-father's upright piano (tonight suffering more key hammering than it had probably had since Little Richard covered 'In A Gadda Da Vida').

Looking/feeling less like Memphis's favourite son and more like Bryan Ferry having a cold-turkey temper-tantrum (or maybe Iggy Pop doing the same in a blazer), the now balding Fonzy look-a-like roared manically yet effortlessly through 'Do You Love Me' and the dark sequel to Lloyd Price's blues standard, 'Stagger Lee', 'Henry Lee'.

After bidding us farewell for a second time, and giving the crowd a few moments to clumsily construct a fag and sip some beer, the nucleus of the band returned to the stage to ceiling-down-bringing applause and brought tears to eyes with 'The Mercy Seat'. Sure, the macabre-story Jackanory is a ridiculous person to draw parallel with Elvis Presley (not least for the fact that the latter's narrative style was as superficial as Deidre's Photo File and as and predictable as a Simon Cowell put-down) - but some comparisons hold water. Nick Cave is a living legend. Despite seeing as much chart success as The New Originals (theirs wasn't a Kylie collaboration), Nick's carved a deep groove of diehard fans that spread not only wide over the world, but long over the generations. And there seems to be no sign of this under-worldly and other-worldly dukedom
ever falling. JG

(Bugger, forgot to get a gratuitous reference to' Caliban' and 'Cave' in the same sentence).

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JAY-Z ASSOCIATED CHARGED OVER R KELLY PEPPER SPRAY INCIDENT
The R Kelly / Jay-Z fall out continued with the news that Ty Smith, an associate of the latter, has been charged with third degree assault after the alleged pepper-spray incident which brought to a head the collapse of the R Kelly / Jay-Z co-headline tour earlier this month. As previously reported, Kelly claims he was attacked with pepper spray by Jay-Z's associate back stage at the duo's New York gig - when Kelly confirmed he planned to press charges over the incident he was kicked of the tour. Smith is a childhood friend of Jay-Z's - if found guilty of the pepper spray attack he could face a year in jail.

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VENTURE CAPITALISTS BUY DREAMWORKS' PUBLISHING BUSINESS
A New York based venture capital firm, Dimensional Associates, has bought up the music publishing company owned by DreamWorks, the entertainment group founded by Steven Spielberg, David Geffen and Jeffrey Katzenberg, in a deal reportedly worth $50 million.

Dreamworks sold their higher profile record label to Universal Music Group in a $100 million deal last year. At the time they held on to their publishing company, which manages the rights of artists like John Denver, Stevie Ray Vaughan, Rickie Lee Jones and Duke Ellington's main collaborator, Billy Strayhorn.

Dimensional weren't the only company interested in the publishing outfit once Dreamworks indicated their interest in selling it - other possible buyers were in talks with the entertainment group right up until the venture capital firm confirmed their deal.

Commenting on his purchase, Dimensional's CEO, Danny Stein, told the New York Post: "We love the asset class and we think there's a lot of opportunities to exploit quality copyrights".

It is not yet clear if Dimensional plan to keep DreamWorks Publishing as a stand alone company, or whether they plan to integrate its operations in any way with eMusic, the digital music service they acquired off Vivendi last year.

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U2 IPODS MIGHT NOT CONTAIN ANY U2
Rumour has it that Apple's U2 branded iPod won't, in fact, come pre-loaded with the band's new album 'How to Dismantle an Atomic Bomb'. Instead fans who buy the player will get the option to buy the iTunes U2 back catalogue virtual box set thingy with a $50 discount. Which is great - spend $349 on the player to get the privilege of spending another $100 on the tunes.

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NEW GADGET MIGHT HELP SPREAD OF DIGITAL RADIO
The digital radio sector are hoping that a new bit of kit set to hit electronics stores this Christmas will help them expand their audience reach. The new device, which will sell for £59.95, plugs into user's existing stereo systems, giving them access to 400 odd digital radio stations.

Dixons' marketing director John Mewett explains: "If you're looking to buy a new hi-fi this Christmas and you want to join the digital revolution, you're no longer limited to models with a built in digital function".

If the bit of kit takes off it will be good news for digital radio stations who, despite seeing overall rises in listening figures in the last year, still need a big boost to truly start competing with analogue stations.

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FRANZ FERDINAND DOWNLOAD LIVE THIS WEEKEND
The Franz Ferdinand download only single which, I seem to remember, we gave rather a good review the other day, will be available from http://www.franzferdinand.co.uk and all good download platforms from Sunday. The track was the second single release for the band in the US, and is getting full releases elsewhere around the world - but not in the UK. A remix of the track by Playgroup main man and Output impresario Trevor Jackson will also be made available to download simultaneously.

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ROOTS MANUVA WEBSITE GOES LIVE
Talking of free downloads - Ninja Tune have officially launched a new website for Roots Manuva this week, and to celebrate they are offering a free download. Anyone who subscribes can download a free live version of 'Conversations' recorded at the Montreaux Jazz Festival. It is the first of a number of Roots Manuva promotions planned for the site, including priority ticket booking for his upcoming UK dates and an exciting remix competition. Check it all out at http://www.rootsmanuva.co.uk

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DO ME BAD THINGS TOUR
Currently up for consideration for the esteemed title of CMU favourite (we liked that single 'Time for Deliverance' and they were good on Popworld - we're just waiting for the album), Do Me Bad Things have confirmed a series of UK dates, both headlining and in support of The Darkness and Ash. Dates as follows (support sets marked with a *).

16 Nov: Bristol Louisiana
17 Nov: Bournemouth Uni
18 Nov: Fuzz, Sheffield
20 Nov: Esquires, Bedford
24 Nov: Nottingham Arena *
26 & 27 Nov: SECC Arena, Glasgow*
29 Nov: Metro Radio Arena, Newcastle*
1 & 2 Dec: Evening News Arena, Manchester*
4 Dec: Hallam FM Arena, Sheffield*
6 Dec: International Arena, Cardiff*
7 & 8 Dec: NEC Arena, Birmingham*
10, 11, 12 Dec: Wembley Arena, London*
15 Dec: 93 Feet East (w/ Sludgefeast)

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EXTRA BABYSHAMBLES DATES
Talking of tour dates, and to ensure our Libertines/Pete Doherty quota is reached for this week, news that Doherty's other band Babyshambles have added three extra dates to their forthcoming tour. Full tour now as follows:

28 Nov: Coventry Colusseum
29 Nov: Oldham Castle
11 Dec: Belfast Limelight
12 Dec: Dublin, Village
13 Dec: London Forum (Sold Out)
14 Dec: Glasgow Barrowlands
15 Dec: Blackpool Empress Ballroom
16 Dec: Sheffield Leadmill

Meanwhile Doherty has said his band won't be playing at a benefit gig for Thailand's Thamkrabok Monastery Foundation because of an existing commitment. Doherty was originally reported to be on the bill for the benefit - somewhat ironically given he would be raising money for the Thai rehab centre he walked out on earlier this year.

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MCFLY INSTORES
Talking of quotas - a real lack of McFly news of late. So, must get this in - McFly are doing two in-stores next week at HMV in Milton Keynes at 4.30pm on 16 Nov and at HMV Liverpool on 17 Nov, also at 4.30pm. Apparently they will be signing copies of their new single, 'Room On The Third Floor', plus they'll do a quick PA thing at the Liverpool event. Great.

Talking of in stores - and from the same box as McFly - V are doing an in-store at HMV Reading at 4.30pm today. Not interested? Well, how about Embrace, who are doing signing sessions at Birmingham HMV on 18 Nov and Liverpool on 19 Nov. Not interested? Well, erm, Donny Osmond will be singing live at HMV on Oxford Street on Monday lunchtime, now surely everyone is interested in that?

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