CMU Daily - on the inside Friday 28th July
yesterday's Daily - Daily archive

In today's CMU Daily:
- EMI calls off Warner takeover ambitions
- Kazaa reach settlement with record labels
- SonyBMG first quarter losses up
- DMX turns down plea bargain
- Townshend on Daltrey's web reluctance
- Yorke posts some odd shit on website
- New Fat Joe album
- Mystery Jets EP
- Lennon soundtrack out this autumn
- Kelis album news
- Mogwai soundtrack stuff
- Kooks on new stuff
- Junior Boys on tour
- Springsteen UK tour
- Beetroot Field thingies relocated
- GLC set for free Newport festival
- Clash thingy at the Lock
- Seal confirms baby Seal's sex
- Prince's wife files for divorce
- Cowell said to be cheating on girlfriend


"This is the best possible outcome for the music industry and consumers". That's how John Kennedy, he of the IFPI, described yesterday's out of court settlement between the once legendary P2P network Kazaa and the music and film companies. To be fair, it is certainly a considerable landmark in the ongoing war against illegal filesharing - on a symbolic level at least. Sharman Networks, the owners of Kazaa, who were once a bullish outfit seemingly adept at avoiding the regulators and winning occasional legal disputes with content owners, have admitted that they cannot continue to offer software that allows millions of individuals to illegally share copyright music online, and that they need to put in place a system which [a] pays copyright owners when their content is shared and [b] stops the sharing of content where a copyright owner doesn't want it to be shared. For the past copyright violations it has enabled, it will pay the content firms over $100 million. Given that for a time Kazaa, like the original Napster before it, became almost synonymous with the phrase 'P2P network', and given that it was by far the industry leader for a time, and given its past resolve to avoid adopting payment or filtering systems, the fact Kazaa now wants to develop a legitimate model approved by the content owners is an important turn of events, and in many ways it is a testament to the IFPI, RIAA, MPA and others who maintained their resolve to fight the likes of Kazaa, even when court decisions went against them. And for their ability to turn the landmark Grokster v MGM Supreme Court ruling into something much wider than it possibly really was. So, despite our frequently discussed opposition to the major labels' strategy in the P2P space, we do have to recognise what has been achieved here. And, unlike with the original Napster, it has been achieved without putting the defendant out of business - leaving the possible framework for a legitimate P2P operation. But there are two things which make this settlement important in terms of rhetoric, but perhaps less so in terms of substance. Firstly, Kazaa is no longer the world's preferred P2P network - as has happened before, by the time the lawyers have dealt with a P2P system, most people have stopped using it anyway (in this case, mainly because of the Spyware issues that came with some versions of Kazaa). Secondly, the legit P2P model remains completely unproven, and there's a very high chance those people still using Kazaa will dump it as soon as any subscriptions are charged or filtering systems introduced. Where will those P2P kids go (or where have they already gone)? To the plethora of new P2P systems available in the open source world. Or they are using high capacity webmail accounts to share music. Or they are transferring tracks from phone to phone via blue tooth. So, the Kazaa settlement is a considerable achievement on the music industry's part, but, alas, one that will achieve little. Illegal filesharing will continue to exist and grow - and the way to combat it remains the use, development and growth of innovative new platforms and products by the music industry that will engage consumers and so win their custom (and money). The good news is, a growing number of people and companies in the music space are creating such platforms. And that is the best possible outcome for the music industry and consumers.



Terry Goldsmith stands in for the Mighty Twang and he gets to meet Sebastian Bach - live and very much in yer face ('Helldrive', 3-6pm). Maria talks to Voivod singer Snake ('Sex To 9 With Maria', 6-9pm). The Count gets to grips with former W.A.S.P. star Randy Piper ('Psycholopedia', 9pm to midnight). On Saturday, July 29, the ever busy Talita chats to Uxfest bands Head On, NWS, Profane and Engel ('Breakfast At Talita's, 9am to noon). So, she's gonna have a very quiet show. Malcolm Dome is joined by Neal Kay for the monthly 'Rock 'N' Roll Roundtable Circus' ('Doom & Co.', 6-9pm). On Sunday, July 30, Talita chats to yet more Uxfest bands, this time it's Architects, Bio Mechanical and Fireapple Red ('Breakfast At Talita's, 9am to noon). And from 9pm to midnight, there's one final chance to hear Natasha in conversation with The Birthday Masssacre ('The Batcave'). Listen live at



MySpace Of The Day: Princess Superstar
Princess Superstar is hardly a new young act that needs the enormous publicity and surge in album sales generated by being featured as CMU's MySpace Of The Day, but I want to mention her anyway, because I think she's great, and she's never been MSOTD. Also, I saw her play a live set in London a few months back, and I didn't think there were enough people there. It's as if people think 'Bad Babysitter' is the only song she's ever done. I was actually talking to a friend about Ms Superstar last weekend, and trying to decide which genre, exactly, her music belongs to. We said the words 'hip-hop' and 'electro', and seemed pretty satisfied with that. Of course, I could have just checked her MySpace page, and checked what genre Princess Superstar thinks she is. Actually, I couldn't, because we were driving along in a car. Anyway, as it turns out, it says hip hop/new wave/electro so we were right, really, except about the new wave bit. If you missed her 2005 album 'My Machine', you really did miss something; it's clever, it's funny, it's catchy, and I would recommend looking it out if you haven't already. In the meantime, check out the page, even though it's all a bit messed up. To be fair, it is. Well, on my browser, you have to scroll quite a long way to the right to actually see anything. I'm not holding it against her however, and neither should you.

This and more at


VIGSY'S FESTIVAL TIP: Global Gathering
After Homelands drifted from its dance roots (before drifting off completely), Global Gathering seems to have amply taken up the slack here. A two day campfest (that is to say you stay in a tent, it's not especially camp), this year's Gathering should be rammed - over 40 thousand are expected on Saturday. It's hard to pick out just a few highlights, so I've picked out a lot of highlights (though this in itself was pretty hard, there's so much good stuff). So, today, on the Radio 1 Beach Stage you have Groove Armada, Sasha, Pete Tong and Paul Thomas, while in the Electric Arena there's Daft Punk (first live set for donkeys), Erol Alkan and Digitalism; and in the Global Arena there's Tiesto, Deep Dish, Steve Lawler, James Zabiela, while in the Air Arena you get Plumps, Adam Freeland, Stanton Warriors , Krafty Kuts, Ali B and Will Saul and in the Essential Selection Arena there's more Pete Tong plus Jeff Mills and (still my faves) Layo and Matt Bushwacka! On Saturday my highlights include (Radio 1 Beach Stage) Fatboy Slim, Erick Morillo, Shapeshifters, Scratch Perverts & MC Dynamite, Audio Bullys, (The Godskitchen Arena) Paul van Dyk, Oakie, Ferry Corsten, Armin Van Buuren, Judge Jules, Fergie, (The really rather good Defected Arena) Junior Jack and Kid Crème, Kenny Dope Gonzalez, Martin Solveig, Sandy Rivera, Joey Negro with Shovell (as ever on percussion), (Carl Cox and Friends Arena) Coxie, the shit hot Adam Beyer, Funk D'Void, Trevor Rockliffe, (Bedrock Arena) John Digweed, Eric Prydz, Danny Howells, Josh Wink, Lee Burridge, (Polysexual Arena) Lisa Lashes, Tidy Boys, BK Live, Andy Farley, Rob Tissera, K90 Live, Anne Savage, Hixxy and MC Storm. And on top of all that they'll be masses of DNB from Accelerated Culture: Roni Size, Planet Pendulum (DJ Set), Grooverider, Andy C, Marky, Friction, Zinc, Hype, Krust, Mampi Swift, Randall, Mickey Finn, Bryan Gee, Brockie, Nicky Blackmarket - with shed loads of MC's: Dynamite, Skibadee, Shabba, Eksman, stalwart GQ, Fearless, IC3, Det, Foxy. And finally there's the Strongbow Ciderhouse with the lion rocker Justin Robertson, Crazy P (Live), and Soma's Hystereo (Live). Oh yes, and some of the Hed Kandi boys doing the VIP tent. Phew. It's steep but it seems like a goodun - Saturday's line up is one of the best I've seen for a while. And watch out for the petal rain (fleurs dropped from a chopper, I kid you not)

Friday 28 Jul 5pm-2am and Saturday 29 Jul 2pm-6am, Long Marston Airfield, Stratford Upon Avon, Weekend - £105 (VIP £155) / Saturday only - £56.50 (VIP £95), info at, press info from Spring PR


Well, bad news for Jerome, CMU's newly appointed Major Label Merger Correspondent. He's out of a job I'm afraid, because there aren't going to be any major label mergers. Possibly a major label demerger but, sadly, that's not Jerome's area of expertise.

Anyway, as expected, London based EMI yesterday confirmed it was aborting its plans to stage a takeover of New York based rival Warner Music. As you all know (surely - you do read our never dull merger updates, right?), the EMI board had made two takeover proposals to their Warner counterparts, but they rejected both offers, responding with their own bids to takeover EMI.

Both companies were in a position of stalemate when the EU Court Of First Instance issued its previously reported ruling regarding the Sony BMG merger of two years ago - ruling that the European Commission should not have allowed the merger to go ahead, and that officials there would now have to review the Sony BMG joint venture.

While EMI chief Eric Nicoli's initial response to that ruling was to say that he did not believe it affected his Warner takeover proposals, even though they too would have to get EC approval, the independent labels trade body IMPALA, who took the Sony BMG merger to the EU courts in the first place, said otherwise.

Although EMI's announcement yesterday, confirming it no longer intended to make further bids for Warner Music, did not put that decision down to the EU court ruling entirely, adding that the company "believed, and continues to believe, that there are good arguments for regulatory approval of a [EMI/Warner] combination", it did admit that it has reached its decision "following the decision of the European Court of First Instance".

Warner Music immediately issued its own statement adding that it too was no longer considering a merger with EMI, observing that the EU Court ruling had created "uncertainty" about whether or not any merger or takeover would be approved. They said they did not intend to make any further offers for EMI until at least the EC had completed its review of the Sony BMG merger.

Needless to say, IMPALA welcomed this decision with open arms - the blocking of any EMI Warner merger a significant tangible result from their legal action against the SonyBMG merger. In a statement issued yesterday the trade body said: "We note and respect EMI's announcement. It confirms our view and that of the European court that further concentration in the music business is against the interests of the business overall, music makers and music fans".

IMPALA top guy Patrick Zelnik told CMU: "EMI's decision confirms our belief in the impact of the IMPALA judgement. We believe it sets the example. We all need to work together - the Commission, the majors and the independents - and seize the opportunity to rebuild a competitive, innovative and cultural Europe."

IMPALA VP and !K7 boss Horst Weidenmueller added: "This will be a relief for thousands of acts that will still have a contract and do not have to face the prospect of being dropped."

None of which helps poor old Jerome. Perhaps SonyBMG and Universal could merge. Now that would be fun - a merger proposal so audacious, it wouldn't surprise me if the regulators let it through.


This is actually a very big story. Or it would have been 18 months ago when Kazaa really was enemy number one. The record labels and movie studios have reached a deal with Sharman Networks, the owners of the once market leading P2P network Kazaa. The deal will see Sharman pay the content owners $115 million in compensation, and will pave the way for Kazaa to try and launch a legitimate P2P network, which filters out copyright content not approved for sharing.

The out of court settlement is a considerable landmark in the music industry's fight against Kazaa. The P2P company successfully eluded the record labels' lawyers for sometime, but their fortunes changed in home country Australia where a court ruling stopped them from distributing their software to new customers. That came in the same year as the US Supreme Court's landmark ruling in the MGM v Grokster case, which removed the option of P2P makers using the so called 'Betamax' defence in copyright violation cases brought against them (the plea where technology firms say they can't be held liable for copyright violation committed by their customers, even though the customers use their technology to do it). Following those two rulings, Sharman clearly realised that they had to reach some kind of settlement in order to secure their long term future.

Of course yesterday's settlement doesn't safeguard Kazaa's future either, given that the legitimate P2P model, which normally involves charging users a subscription fee which is passed back to the content owners, is entirely unproven, and Kazaa may find their albeit large existing subscriber base isn't very loyal once fees are involved.

Nevertheless, John Kennedy, the boss of the International Federation Of The Phonographic Industry, was very upbeat regarding the settlement, telling reporters yesterday: "Kazaa was an international engine of copyright theft which damaged the whole music sector and hampered our industry's efforts to grow a legitimate digital business. It has paid a heavy price for its past activities. At the same time Kazaa will now be making a transition to a legal model and converting a powerful distribution technology to legitimate use. This is the best possible outcome for the music industry and consumers."


Some finance news for all you fans of finance news. SonyBMG have confirmed their net loss widened in its fiscal first quarter, a trend top execs say is because of a rejig in the release schedule which pushed some (albeit unspecified) big releases out of that bit of the financial year. All that means that for the quarter ending 30 Jun the major's net loss was up to $81 million, compared to $18 million in the same period last year. All that means that Sony Corp, who were reporting the SonyBMG figures, suffered from a 'steeper equity in net loss' from its share in the major. Obviously you all know what that means, so there's no need for me to explain. Which is just as well because I have no idea what they're talking about.


DMX has turned down a plea bargain in that case relating to his arrest on traffic charges in White Plains, New York, back at the start of June. As previously reported, the hip-hop star, real name Earl Simmons, has notched up a string of driving related violations recently, and on this particular occasion was charged with speeding, making unsafe lane changes, not wearing a seat belt and driving without a license. Simmons' lawyer, Murray Richman, did not divulge details of the plea bargain that his client turned down at his court appearance on Monday.

DMX spent a night in prison last month, of course, after failing to attend a hearing, and was forced to post $25,000 bail. Speaking about that on Monday, the rapper said: "I don't feel good about this at all. It's not fair - $25,000 for traffic tickets? Come on. Let's keep it real."

The case has been adjourned until 25 Aug.


Pete Townshend and Roger Daltrey are having an interesting war of words over The Who's decision to broadcast recordings of their recent concerts online (well, most of the words so far have come from Townshend). Townshend claims that Daltrey is opposed to the webcasting scheme, whereby fans can access the gig recordings online in return for a $10 subscription, profits from which go to charity. As a result the scheme will be axed once the band's current European tour ends.

In a posting on his website, a seemingly pissed off Townshend writes: "Roger seems to think when I provide bandwidth for The Who website, and for live streaming, he is being exploited in some way and wants a piece of the future 'profit'. Don't think there is much chance of profit when it is all aimed at charity. Daltrey seems to be unconvinced that the web has any real contribution to make to our career, and I am not going to spend any more time or money mortgaging my half of the stage."

Commenting on how this little disagreement will, or won't, affect his ongoing relationship with Daltrey, he added: "Roger is my partner in The Who. He is not my partner in anything else. We love each other but we are not regular social buddies like Bono and The Edge, we do not discuss or share ideas, and we have no unified joint vision of strategy for The Who or for creative projects in general."


Thom Yorke has posted some odd musings on the Radiohead website, and it seems to be a commentary on the critical response to his solo album 'The Eraser'. As usual, complete disregard for grammar, spelling and punctuation, plus random symbols, are all Thom's own:

"7 out

coul d try harder.

could do better. lacks correct motivation.

aEain my yopinion....aE?
(of course) hes crackerjack (you know)

(the fence whistl;es like sleighbells)

lacks motivation. full of own self importance.
always shooting his mouth off.
tends to stray from the path:

Not as good as.
that one there, no, not this one.

never was.
never will be again.
the only way is down.
so now ambels around aimlessly.
casting around for that magic. me.

it is denied.

searches for own epitaph in graveyard."


Rapper Fat Joe is set to release his seventh solo album, 'Me, Myself & I', on 17 Oct. The release marks the end of his relationship with Warner label Atlantic, and will be issued independently via his own label Terror Squad. Featuring collaborations with the likes of The Game and Lil Wayne and production from Scott Storch, The Runners and DJ Khaled, the new long player is described by the rapper as his most personal work to date: "I just started writing on my own and made the album I truly wanted to make," he says.


Hurrah. I like Mystery Jets and they're releasing a new EP on 4 Sep. It's called 'Diamonds In The Dark', out via 679, and the title track, which appeared on the band's debut album 'Making Dens', released earlier this year, has been re-recorded and produced by Stephen Street. Also featured are three new tracks they recorded with Erol Alkan. It'll be out on a CD and two 7"s, tracklistings as follows:

CD: Diamonds In The Dark, Scarecrows In The Rain, Crosswords, Diamonds In The Dark (Kid Harpoon Version)

7": Diamonds In the Dark, Scarecrows In The Rain

Limited 7": Diamonds In The Dark (Kid Harpoon Version), A Private Place

The band are, of course, making a number of festival appearances this summer, as follows:

6 Aug: Electric Garden festival
11 Aug: Belladrum festival
25 Aug: Reading Festival
27 Aug: Leeds Festival
8 Sep: Bestival


The soundtrack of controversial new documentary 'The U.S. vs. John Lennon' is to be released on CD and digitally, on 26 Sep, via EMI's Capitol label. Nineteen original Lennon tracks will feature, including the likes of 'Imagine', 'Instant Karma (We All Shine On)' and 'Happy Xmas (War is Over)'. Two previously unreleased tracks, 'Attica State' and the film's instrumental version of 'How Do You Sleep' will also appear in the collection, which will include liner notes written by Yoko Ono.

The film documents the US government's attempts to silence Lennon's vocal support of anti-war and humanitarian causes, via FBI surveillance and wiretapping. On the musical content, director David Leaf explained: "We were allowed to 'strip' lead vocals from Lonnon's original recordings, so that we could use his own instrumental work as the score for the movie. I think it's the first time that John's solo catalogue can be heard in this way."


Kelis has a new album coming out later this summer, and it will boast appearances from a variety of star guests, including Gnarls Barkley man Cee-Lo and Will.I.Am Peas. The long player, the singer's fourth album, was originally scheduled for a June release but will now be out on 28 Aug, with a single, 'Bossy', following it on 4 Sep.


Mogwai have been a bit busy where soundtracks are concerned. Firstly, they've got two tracks, 'We're No Here' and 'Auto Rock', appearing on the OST of the new Miami Vice film, out 4 Aug. Secondly, they've done the soundtrack for 'Zidane: A 21st Century Portrait', which is about that footballer who is famous for head-butting someone recently. Oh, all right, by all accounts he is a very good and very famous footballer, but I don't know much about these things. Though I'm told I should say he 'was' a very good footballer, I believe he's retired now.

Anyway, Mogwai have done the soundtrack for the film, which will debut at the always-lovely Edinburgh International Film Festival in August, before getting a general release on 29 Sep. The main news of the day, I think, though, is that they'll be releasing a 10" vinyl and download taster of the soundtrack on 18 Sep, with the full soundtrack CD to follow in Oct. So there you go. And here are the band's upcoming live appearances, FYI.

1 Sep: Electric Picnic
21 Sep: Leicester Charlotte
22 Sep: London Royal Albert Hall
23 Sep: Glasgow Barrowlands
24 Sep: Manchester Academy


The Kooks say they've been working on some new material and plan to let fans hear it pretty soon, presumably at their upcoming Autumn live sets. Posting on the band's website, they wrote: "We have been writing lots of new material while out on the road, we are really excited about all the new songs we have been working on, some you have already heard, but some we have yet to debut. Keep watch you may hear them real soon."

Here are those live dates:

26 Sep: Nottingham Rock City
27 Sep: Bristol Academy
28 Sep: Brighton Dome
30 Sep: Southampton Guildhall
1 Oct: Norwich UEA
2 Oct: Newcastle Academy
3 Oct: Leeds University
5 Oct: Sheffield Octagon
6 Oct: Manchester Academy 1
7 Oct: Manchester Academy 1
9 Oct: Exeter University
10 Oct: Cardiff University
11 Oct: Birmingham Carling Academy
13 Oct: Cambridge Corn Exchange
14 Oct: Glasgow Barrowlands
15 Oct: Aberdeen Music Hall
17 Oct: London Forum
18 Oct: London Astoria
19 Oct: London Shepherds Bush Empire


The rather good Junior Boys have been announced as the main support on Hot Chip's autumn tour. I might go to that. Well, just the one date, probably, not all nine of them. As previously reported, because I'm in Edinburgh, I will miss the band's one-off appearance at the lovely Luminaire in Kilburn on 10 Aug. Here are the dates that I might be able to make:

11th Oct: London, Astoria
12th Oct: Norwich, Waterfront
13th Oct: Nottingham, Rescue Rooms
14th Oct: Manchester, Academy 2
16th Oct: Glasgow, Archies
17th Oct: Aberdeen, Mosulu
19th Oct: Leeds, University
20th Oct: Newcastle, Northumbria Uni
21st Oct: Sheffield, Leadmill


Bruce Springsteen has announced a series of UK dates this autumn in support of new album 'The Seeger Sessions'. He'll be joined by a seventeen piece band, which means he won't be lonely. Here are the dates:

9 Nov: Birmingham NEC Arena
11 Nov: London Wembley Arena
14 Nov: Sheffield Hallam FM Arena
17 Nov: Dublin The Point
18 Nov: Dublin The Point
19 Nov: Dublin The Point
21 Nov: Belfast Odyssey Arena


The Adventures In The Beetroot Field Presents: Radio Caroline series of nights in London has been relocated. The events, which kicked off on 16 Jul, had thus far has been held on the Queen Mary boat, moored at Waterloo Pier on The Thames. Now, due to health and safety issues, from 30 Jul, all dates in the series will take place at The Lock Tavern in Camden. The remaining events will now be free.

The parties are on every week until the 27 Aug, with acts scheduled to appear including the likes of The Maccabees, The Kooks, and The Holloways. See for more info.


The ever, er, lovely Goldie Lookin Chain are to headline a free open air festival called Crow Point in Newport on 17 Sep. The event, taking place in Coronation Park, is expected to attract around ten thousand people. Other acts slated to appear include Roni Size and Asian Dub Foundation.

GLC say: "Not only are we being given the opportunity to perform on home ground to an audience that we love more than life itself, but we get to celebrate the ultimate British pastime of drinking lager wearing nothing but a pair of shorts and some suntan cream."


Talking of The Lock Tavern (well, we were, a couple of items back), here's something for you to do on Sunday afternoon if you're not going to be in Edinburgh. Like I am. Clash Magazine Presents... Upstairs At The Lock Tavern is, not surprisingly, taking place at The Lock Tavern on Sunday 30 Jul from 2pm and will feature an acoustic set from The Kooks plus DJ sets from Babyshambles,
The Duke Spirit, Spektrum, Edith Bowman and Clash DJs. And it's free.


Yes, I know, I do that every time I report on the offspring of British pop singer Seal. It's because I have a weakness for baby seals, you see. Of course, I hasten to add that Seal's babies do not resemble baby seals, although it would, frankly, be too cute if they did. Anyway, following that earlier announcement that his wife, supermodel Heidi Klum, is expecting their second child, he has revealed whilst on stage at a concert in Germany that he is looking forward to the birth of "the little boy". Their first son, Henry, was born just ten months ago.


Prince's second wife Manuela Testolini Nelson has filed a petition for divorce. The pop star's attorney, Patrick Cousins, has confirmed that the case is pending, but had no further comment. That's all there is to say about it really, other than to add that I didn't even know that he was married, which is apparently not so surprising, given that he has rarely spoken publicly about it.


The Mirror reports that Simon Cowell is cheating on his girlfriend Terri Seymour. I'm a bit confused about his relationship with her, actually, because I'm sure I remember reading somewhere that she wasn't strictly his girlfriend or something. To be honest, though, I don't really care. And to be honest, I don't like reporting scurrilous rumour but I've got to. It's the rules.

Anyway, the tabloid claims that Cowell has been dating society girl Jasmine Lennard, who has been seen visiting Cowell's home while Seymour has been away in the US. A so-called 'friend' of Jasmine's apparently revealed: "They spend most of their time together in Simon's house when Terri is at their other home in Los Angeles. Sometimes they go out, but only with other friends so as not to arouse any suspicion. Jasmine is absolutely besotted with him and thinks he feels the same."

Cowell's spokesman has denied the rumour, saying that their relationship is purely professional, and saying: "Simon has known Jasmine for some time. They had a meeting to discuss TV projects."

If I were a nasty cynic, I would say "Well, he would say that, wouldn't he?" But I'm a lovely cynic, so I won't.

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