CMU Daily - on the inside Monday 26th February
yesterday's Daily - Daily archive

In today's CMU Daily:
- Ministry quit AIM over IMPALA's EMI Warner backing
- US courts make possible landmark ruling on MP3
- T In The Park, IOW festival sell out, fast
- Petition set up over Kenwood House gigs
- Radio 1 Big Weekend goes to Preston
- Busta Rhymes arrested again
- Cambodian pop star shot in Phnom Penh
- It's all Mel C's fault, says Fuller
- Spears' manager denies suicide watch claims
- Dre on new album
- QOTSA album news
- Danger Mouse on upcoming stuff
- Van Halen reunion tour may still go ahead
- War Of The Worlds tour
- The Horrors in store signings
- EMI talking to private equity firms re takeover
- WMI man expands role to include European operations
- ENO cuts costs
- RIAA fight Foster P2P ruling
- More CD-Wow nonsense
- 7digital formally launch enhanced indiestore
- Sky hit back at Virgin
- Chart update
- Total Rock world album chart
- This week's Student Radio Chart
- Subshot playlist
- Kaiser Chief on being criticised
- Lily Allen feels for the poor kids, criticises Posh
- Someone's brother calls Donny a twat
- Wags battle over Take That and parties

--------------------------------------------------

TOP BIT: TELL US WHAT U THINK >>
Well, I thought about polemicising about all the shenanigans going on in the UK indie music sector where some key independent labels have hit out against the decision of the Association Of The Independent Music to back European indies body IMPALA in its deal with Warner Music regarding a possible EMI Warner merger. You'll find out more about Ministry's angry reaction in a minute - but other indies are apparently also now speaking out (I hear a rumour Gut aren't all that impressed either) so I'll hold off saying too much until the full story is in - possibly tomorrow.

So instead, let's remind you all that a little bit of friction in the indie sector is no reason to not get down to it and take part in the CMU readers survey. As mentioned several times up here in the Top Bit, we are currently undertaking our first ever reader survey, partly to find out a little bit about what you guys think about some of the issues in the music world at the moment, but also to find out what you think about the CMU Daily, so that we can improve the service we provide. We are doing this in association with Entertainment Media Research's website Songpeople.com, who specialise in these kinds of things, and we will report back to you on the results in a couple of months. And we really will hone the Daily on the back of what you tell us.

And your opinions could potentially influence more than just us here at CMU. Songpeople also provide a whole range of other music media with guidance on their music policies, and will invite you to offer your opinions in other occasional surveys that give you the chance to share your musical opinions. You don't have to take part in those other surveys of course, but part of the CMU ethos is letting other media know what great new music is out there, and what great new music is getting people excited at the grass roots, and the Songpeople surveys are another way that you can all help us achieve that ethos.

Anyway, enough of that, if you can all give us your 12 minutes sometime this week that would be both cool and groovy. Just go to http://www.songpeople.co.uk/cmu to get started.

--------------------------------------------------

JOBS N STUFF>>

24PR Seeks Media Star
As part of Touchdown Communications Group, 24PR is one of the UK's fastest growing independent PR, events and brand communications agencies. We have a client list to die for and are now looking to take on a bright, young savvy executive. Part of the role will be assisting the founder and MD in all aspects of media relations, management and creativity and part of the role will involve general office management at start. I'm looking for a can-do will-do star who relishes networking and has aspirations to join me at the helm of the agency to drive it forward for the future. Based in Leicester Square, starting salary is between £16-20K, 25 days holiday, lots of perks and CIPR industry training programme. There are also work placements available. In the first instance please email serena@24pr.co.uk or call me, Serena Read on 07767 777 730. Don't waste any time, I need you now!

--------------------------------------------------

CMU TUBE OF THE DAY: UGLY RUMOURS
I can't remember if we reported on this before, I know I meant to, but the Stop The War Coalition has set up a band called Ugly Rumours - the same name as the band Tony Blair was in during his student days, of course - and have a 'looks a little bit like Tony Blair' frontman. The band have recorded a version of the Edwin Starr classic 'War (What Is It Good For?)' which they are releasing today, as we approach the fourth anniversary of the start of the UK and US's somewhat disastrous adventure in Iraq. They've filmed a video on a central London roof, and that's what you can check out on this here YouTube page. It does have a cameo from that George Galloway fella (who I'm never sure is a great spokesman for the anti-war lobby - he does make some good points, but it's hard to get past the fact he's also a bit of an idiot), but don't let that put you off. And if you share the politics of the people behind the project you should buy a copy of the track [a] because it's quite a good version of the song, [b] because you could demonstrate your viewpoint in the music charts and [c] the profits go to the lobbying coalition. Details of how you can buy the track at at http://www.uglyrumours.com, and you'll get press info on the whole venture from jody@dminc.eu

http://www.youtube.com/watch?v=ydt0SL5rYow

--------------------------------------------------

MINISTRY QUIT AIM OVER IMPALA'S EMI WARNER BACKING
So, this is interesting. The Ministry Of Sound, in their capacity as one of the UK's leading independent record labels, quit the Association Of Independent Music on Friday because of the indie trade body's support of IMPALA's previously reported decision to back the Warner Music Group's ambitions to acquire EMI.

As previously reported, earlier last week IMPALA announced it would not oppose any attempt by Warner to merge with EMI, even though that would mean further consolidation in the major label sector, something the pan-European independents body has previously objected to. It said it would back a Warner takeover of EMI because the US based major had made commitments to protect the independent sector, and to assist with the building of the new independent digital rights body Merlin.

But Ministry said on Friday that it could not support IMPALA's stand on a possible EMI Warner merger, and that it was angry that AIM had backed IMPALA without first consulting all of its membership.

In a statement Ministry Of Sound Music Group MD Lohan Presencer told reporters he was "shocked and outraged" to not to have been consulted over this decision, adding that: "The ongoing consolidation of the major music industry has impacted negatively upon our music business in every way. The previous mergers of Universal/PolyGram and Sony/BMG have dramatically affected our level of support at retail, access to media, ability to license major owned catalogue for our compilations, and pricing. As the largest independent record company in Europe we were shocked not to have been consulted over this decision, nor were we kept informed of the negotiations between IMPALA and Warner Music. We feel so strongly about this issue that we cannot allow ourselves to be associated with this support in any way, and as a result have resigned our membership of AIM".

On Warner Music's commitments to help the indie sector in return for their support, he continued: "As far as we are concerned IMPALA support appears to have been bought by Warner in order to avoid the costly legal implications of another long winded merger investigation by the European Commission. On top of that we believe that any concessions made by Warner are in effect rhetoric and in reality impossible to enforce on a day-to-day operational basis. The music industry is a very fast moving business and should Warner choose not to honour its commitments, recourse through litigation is impractical, slow and too expensive for any independent to undertake".

Meanwhile, speaking to Billboard, he disputed claims by Beggars Group chief and IMPALA Chair Martin Mills that a market with three equally sized majors is better for the independent sector than the current situation of two giant and two smaller major record companies. Presencer: "Two smaller businesses combining doesn't necessarily make a major competitor to Universal, but that consolidation does [mean] they will have more power to leverage against smaller businesses. So I don't think it works up, but it impacts down".

Responding to Ministry's decision to quit her association, AIM chair Alison Wenham said in a statement on Friday: "Not everyone will always agree with positions which are taken on the issues affecting the market, and all companies are entirely at liberty to exercise their own views in whichever way they choose. Nothing has ever prevented others from taking their own position in respect of Warner EMI, or any other music industry merger in front of the Commission over the past seven years".

AIM stress that the majority of the indie labels they represent do back the IMPALA stand on EMI Warners, but Presencer, who plans to represent his company's opposition to any EMI Warner deal directly to the EU (should a formal acquisition be attempted), has said that any other independents who "feel they've been unfairly represented" should get in touch with him, confirming he would consider forming a new independents trade body if enough labels thought it necessary.

--------------------------------------------------

US COURTS MAKE POSSIBLE LANDMARK RULING ON MP3
A US federal court in San Diego made a possible landmark ruling regarding the use of the MP3 format last week as part of a long running and wide ranging legal dispute between Alcatel-Lucent and Microsoft.

The dispute centres on who has the right to licence MP3 technologies, which are used in some way by most major computing firms, even those who, like Microsoft, own their own competing audio formats. The main group to own patents for MP3 technologies is the German based research organisation the Fraunhofer Society, which licences the use of those patents via a French company called Thomson.

However, another French firm, Alcatel, now part of Alcatel-Lucent, also claims ownership of some MP3 related patents, and to that effect began legal proceedings against PC makers Dell and Gateway in 2003, because the Microsoft audio systems installed on their machines used MP3 technologies. Microsoft stepped into that legal action on behalf of their b2b customers, and so a long running legal fight began, taking in other dimensions along the way, including a countersuit from Microsoft.

But last week the court in San Diego basically ruled in favour of Alcatel, convinced the French firm was correct to say Microsoft had infringed their MP3 patents in its audio software, even though they had correctly licensed other MP3 patents off the Fraunhofer Society. Microsoft was ordered to pay a whopping $1.5 billion in compensation to Alcatel, based on every Windows based PC that has been sold around the world since May 2003 (it should be said that that compensation payment isn't quite so mind blowing in the context of a multi-national conglom like Microsoft - though it is still significant - it may as yet be reduced because a separate court case is disputing the right of the US courts to order compensation for patent violations outside America).

A representative for Alcatel-Lucent welcomed the ruling, telling reporters: "We made strong arguments supporting our view, and we're pleased with the court's decision". Needless to say, Microsoft were less happy. They said the verdict was "completely unsupported by the law or the facts" and vowed to fight the ruling and, if necessary, appeal the judgment.

Other IT firms who use the MP3 format have been watching the case closely, and will continue to do so as Microsoft appeal, because many of them also only licence MP3 technologies from Fraunhofer and could, in theory, now face expensive lawsuits from Alcatel. It was with that in mind that Microsoft's Deputy General Counsel Tom Burt said last week: "Today's outcome is disappointing for us and for the hundreds of other companies who have licensed MP3 technology. We are concerned that this decision opens the door for Alcatel-Lucent to pursue action against hundreds of other companies who purchased the rights to use MP3 technology from Fraunhofer, the industry-recognized rightful licensor".

--------------------------------------------------

T IN THE PARK, IOW FESTIVAL SELL OUT, FAST
So, I was right about one thing on Friday, the fact we'd be running a 'T In The Park sells out in no time at all story' this morning. Here goes. T In The Park sold out in no time at all this weekend. There, done it. The remaining tickets for the Scottish music fest (a third were sold as early bird tickets last summer) sold out in just 40 minutes after going on sale on Saturday morning. Festival organiser Geoff Ellis told reporters: "While we thought that the T In The Park tickets would sell out quickly today, we are amazed that it has broken its own record as the fastest selling festival in the UK. Once again T In The Park fans have shown how much they love the festival and we look forward to seeing each and every one of you there". Ellis added that further tickets may be made available once the festival site's capacity is finalisd and any double bookings or tout purchases are removed from the system - and therefore encouraged those who failed to get tickets to wait for any additional ticket sale rather than feeling to need to bid for tickets through unofficial auctions or sources.

Of course yin and yang dictates that if I was very right about one thing in the Daily on Friday, I had to be wrong about something else to compensate. The, ahem, deliberate mistake in Friday's Daily was our update on the Glasto ticket registration system. We reported that 175,000 people had registered with the festival's advance ticket registration thingimy, and observed that if each of those 175,000 people bought their four ticket allocation, then there would be a lot of competition for the 140,000 tickets that will go on sale. But fans of terms and conditions have pointed out that although any one person can buy four tickets when they go on sale on 1 Apr, all of those four people would need to be among the 175,000 registered people, if that make sense. Which means that while 35,000 odd registered users are going to be disappointed, the chances of registered users getting a Glasto ticket are much higher than we suggested. So, that's good news really isn't it? Well, it is to anyone registered with the Glasto site who spent the weekend depressed after our Friday report. Unless, of course, another 500,000 people register before the 28 Feb deadline. Then you'd have to remain depressed.

Meanwhile, staying with festivals selling out in record time, we've just heard all 50,000 tickets for this year's Isle Of Wight Festival have sold out in record time too. So, if you'd wanted to go to that one but had not bought your tickets yet, there's another reason to be depressed. Hurrah.

--------------------------------------------------

PETITION SET UP OVER KENWOOD HOUSE GIGS
Following the news last week that English Heritage were cancelling its concert programme at North London stately home Kenwood House because of new restrictions put on them by Camden Council in response to complaints from neighbours, an online petition has been organised calling for the Council to reconsider, and 500 people have already added their names to it.

As previously reported, local residents complained about Kenwood House's concert programme after an increasing number of pop and rock events were added to the traditionally classical and jazz line up. Camden Council cut the number of events English Heritage were allowed to stage, which, the heritage body said, made the concert programme unviable. Hence their decision to cancel the programme for 2007.

English Heritage themselves have set up the petition to lobby Camden Council to change its restrictions. As names started to appear on the petition, a spokesman for the body said: "There are a lot of people out there who want the concerts to return", adding that they launched the petition because of the "many calls from people who were keen to support the concerts".

One signatory on the petition added the comment: "This is an absolute disgrace. Because of a few people's complaints, an integral part of the summer for all Londoners is being discontinued".

Responding, Camden Council said it was "disappointed to learn that English Heritage has cancelled [its concerts] this year", saying "Camden's licensing policy acknowledges the value of entertainment and live music in the borough. But the Licensing Authority must also balance the needs of premises with those of residents".

--------------------------------------------------

RADIO 1 BIG WEEKEND GOES TO PRESTON
This year's BBC Radio 1 Big Weekend thingimy will be in Preston. Erm, that's all really. Oh yes, it will take place on 19 and 20 May.

--------------------------------------------------

BUSTA RHYMES ARRESTED AGAIN
Rap star Busta Rhymes was arrested in the early hours of Thursday morning last week, and charged with driving with a suspended licence. Police had stopped Rhymes, real name Trevor Smith, after he ran a red light in Manhattan. If convicted of the charge, he could face 15 days in prison.

It seems the hip-hopper just can't stay out of trouble. As previously, and very recently reported, Smith is currently considering a plea deal relating to two charges of assault, which would allow him to escape prison time and instead perform community service.

--------------------------------------------------

CAMBODIAN POP STAR SHOT IN PHNOM PENH
Cambodian pop singer Pov Panhapich was critically wounded in Phnom Penh on Friday, when two unknown gunmen shot her in the stomach and throat as she visited an English language school in the capital. She was later evacuated to Vietnam for treatment.

Phnom Penh police chief Touch Naruth told reporters that he did not believe it to be a chance incident, saying: "When she got out of her car, the two offenders immediately shot her. It is not a robbery case, it is some other dispute. But we cannot conclude what the dispute stemmed from. We are investigating".

She's not the first local celebrity to be the subject of a hit in recent years; it's thought to be due to the fact that famous female performers frequently become involved with powerful businessmen and government officials. A number of young stars have been attacked, with sometimes devastating results; singer Touch Sreynich is still paralysed after being shot in 2003, whilst film actress Piseth Pilika was shot dead in 1999.

--------------------------------------------------

IT'S ALL MEL C'S FAULT, SAYS FULLER
According to reports, Simon Fuller says that it's Mel C who is standing in the way of a Spice Girls reunion. The band's ex-manager says they are planning a retrospective world tour, but that Chisholm is still disinclined to get involved because she still wants to pursue her solo career.

Fuller is quoted by The Evening Standard as saying: "All of the girls are up for it and the reunion will definitely happen in the next 18 months. The only person showing any reluctance is Mel C. She thinks her solo career is bigger than the band, which is just not the case. She needs to wise up and realise a reunion would be amazing for everybody concerned. Emma and Geri are meeting her soon to discuss everything and convince her to finally sign a deal".

He went on to say that the reunion would only be a temporary greatest hits type thing, and not a proper comeback a la Take That, because the girls "all lead very separate lives now". He continued: "Victoria is moving to LA, Geri and Mel B go over and back to the States a lot, and Emma is pregnant so a Take That-style comeback wouldn't be practical. The girls never wrote their own songs like Gary Barlow so it wouldn't make sense for them to record a new album or anything. The Spice Girls will come back with a big bang, they'll do a whirlwind tour for six months and they'll be gone again".

--------------------------------------------------

SPEARS' MANAGER DENIES SUICIDE WATCH CLAIMS
Britney Spears' manager Larry Rudolph has denied claims that the singer is on suicide watch at the rehab clinic in California she checked into last week. Rudolph told entertainment news show Extra that the rumours were "absolutely untrue", adding "She is in rehab, and it is very disappointing that various media outlets are running these false stories about her, as Britney tries to get better".

As you may know, the tabloids published images of Spears at the weekend in which she appeared to be attacking a car with an umbrella, plus, as previously reported, it's thought that the pop star is feeling under pressure from estranged husband Kevin Federline over the custody of their two children, all of which has added fuel to the suicide watch rumour.

Britney should take heart, however, that one sensible and never ever deranged mother in the world likes her new 'do'. One Courtney Love thinks the singer did well to shave all her hair off - "I think that was a cool thing she did, I'm dead serious", she says.

--------------------------------------------------

DRE ON NEW ALBUM
Dr Dre has been talking about his upcoming solo album, which is set to feature guest appearances from loads and loads of high profile types, including Snoop, Eminem, 50 Cent, Busta Rhymes, Jay-Z, Xzibit, Mary J Blige, Nate Dogg, Nas and The Game. Dre told LA radio station Power 106: "I'm trying to get everybody that I've ever worked with over the years to appear on the records. There are gonna be some new guys that I'm working with, Bishop Lamont and Slim The Mobster, those two guys I think are incredible, new artists out of the west coast that I'm trying to get out there".

Entitled 'Detox', the LP is expected to see a September release.

--------------------------------------------------

QOTSA ALBUM NEWS
Talking of guest stars, Queens Of The Stone Age have also been getting them in to help with their upcoming, previously reported new long player 'Era Vulgaris'. Among those set to appear are The Strokes' Julian Casablancas, Trent Reznor, ZZ Top guitarist Billy F Gibbons and frequent QOSTA collaborator Mark Lanegan.

There's no UK release date been set for the album just yet, but according to Billboard, it'll be out in the US in June.

--------------------------------------------------

DANGER MOUSE ON UPCOMING STUFF
Danger Mouse has been talking to MTV News about work on his upcoming new projects. Explaining that he's been inundated with offers of production work in recent months due to the success of Gnarls Barkley, he said "The stuff I'm working on now is the stuff I've been working on before these successes or whatever. I'll continue to do those, and that's kinda what I want to do. And, of course, I always like doing whole records with people if I can".

Danger Mouse, real name Brian Burton, confirmed that he's been working with Mark Linkous on his new Sparklehorse album, and on another album with Italian composer Daniele Lupi.

--------------------------------------------------

VAN HALEN REUNION TOUR MAY STILL GO AHEAD
More on the maybe maybe not Van Halen/David Lee Roth reunion tour. As previously reported, speculation arose last week that the much talked about reunion would not take place, even though an official statement from the Eddie Van Halen camp had said it would. It seemed that statement was issued before any contracts had been signed. But Billboard now report that, while the reunion tour is currently on hold, the delays are not down to tensions between Roth and the Van Halen camp, and that both are still keen to see the reunion take place. Other unstated complications seem to be behind the delay in getting the tour properly finalised, but insiders say those working on the deal are still hopeful the tour will go ahead - though they admit that they're not entirely sure when.

--------------------------------------------------

WAR OF THE WORLDS TOUR
Now, I don't want you to think that I'm only reporting on these dates because I missed out last time this show toured and am now very very keen to see it, and that I'm hoping that by reporting on this new tour someone involved might send me a pair of tickets for the London show. Though obviously if someone did send me a pair of tickets I'd make sure they were used - even though that might involve me rearranging my Christmas plans. I'm willing to do that for you though.

Anyway, the live version of Jeff Wayne's Musical Version of The War of The Worlds will tour again in December, with new technology used to enable the Richard Burton character (a 3D CGI effect using Burton's original narration) to interact with the other characters (performed by different actors in the live show than on the original recording).

Anyway, here are the dates, press info from LD...

4 Dec: Aberdeen AECC
5 Dec: Glasgow SECC
7 Dec: Birmingham NEC
8 Dec: Newcastle Metro Radio Arena
9 Dec: Manchester MEN Arena
11 Dec: Cardiff CIA
14 Dec: Sheffield Hallam FM Arena
15 Dec: Nottingham Arena
17 Dec: Bournemouth BIC
19 Dec: Brighton Centre
22 Dec: London O2 Arena

--------------------------------------------------

THE HORRORS IN STORE SIGNINGS
The Horrors will be holding two in store signing sessions to celebrate the release of single 'Gloves' today. The first is happening around about now though, and in the band's home town of Leigh-On-Sea (at Fives Records), so I'm guessing most of you won't make that. But they'll also be at Rough Trade Records in Covent Garden, London at 5.30pm. Press info from Gilotti.

--------------------------------------------------

EMI TALKING TO PRIVATE EQUITY FIRMS RE TAKEOVER
Following reports EMI were talking to investment firm One Equity Partners about the possibility of them making a takeover bid for the major, the New York Post reports similar conversations are on going with Apollo Management and Permira - the latter of whom, of course, made a bid last year. It's not clear if the EMI board are sounding out investment types re a takeover to force up the price Warner would have to pay should they go through with their acquisition plans, or because EMI chiefs would prefer someone outside the music business to get ownership. Certainly their own positions in the merged major might be safer if an investment firm took control - I can't see Edgar Bronfman Jnr wanting to form a board room alliance with Eric Nicoli.

--------------------------------------------------

WMI MAN EXPANDS ROLE TO INCLUDE EUROPEAN OPERATIONS
Warner Music have announced that John Reid, Vice Chairman of Warner Music International, will take on a new role that includes full responsibility for the major's Continental Europe operations. The announcement means Reid will essentially take over the Continental Europe remit from WMI COO Gero Caccia, who recently announced he was leaving the company, in addition to his existing role coordinating marketing and content activity within the major's international division.

Confirming the expansion of Reid's role, WMI top man Patrick Vien told reporters: "Given the strategic importance of the European market, it's vital we have a seasoned executive at the helm to work with our incredibly talented team of country heads and drive the business forward. I believe John's impressive track record makes him a perfect fit for the position. He has helped to orchestrate international campaigns behind global smash hits as well as being a fervent champion of our most exciting local acts. He has worked hard to make digital communications an integral part of the marketing function and has built an incredibly dynamic and innovative team. I know he will bring the same creativity, experience and energy to his new position".

--------------------------------------------------

ENO CUTS COSTS
The English National Opera has announced it will cut 10% of its staff - about 45 jobs - to ensure the company is "artistically and financially viable in the long term". Bosses there say they fear the company's Arts Council funding (which covers about two thirds of its costs) will be cut because the government isn't planning on increasing the amount of money it gives to the arts funder. Techie union BECTU has said it will strongly fight the cuts though, to be fair, the opera sector does generally vastly overspend, so ENO's cuts are possibly quite sensible. And while I don't necessarily agree with the government moving money away from arts funding to fill the big fat hole in their disastrous Olympic budgets (which is arguably why government arts funding is threatened), I've never been entirely sure spending large sums of tax payers money on opera was that justified either. Even with good operas.

--------------------------------------------------

RIAA FIGHT FOSTER P2P RULING
The Recording Industry Association Of America has said it is challenging a recent court decision that forced it to pay the legal fees of a suspected P2P file sharer who successfully proved her innocence.

As previously reported, the trade body sued Deborah Foster after illegal file sharing was linked to her PC. However, the file sharing had been done by Foster's daughter, so she mounted a defence against the litigation, successfully demonstrating she herself had not shared copyright content and, also, winning the legal argument that said she could not be held liable for the actions of her daughter.

The trade body eventually dropped their case against Foster, although they did subsequently win a default judgment against her daughter. Foster then sued for her legal fees claiming the RIAA were wrong to target her in the first place. The courts agreed and ordered the trade organisation to pay the defendant $55,000.

The trade body is now asking the courts to reconsider, both the fees they have been ordered to pay, and the concept that a PC owner can sidestep liability for copyright infringement committed on their machine. The logic behind their bid to avoid paying Foster's legal costs is that the fees they are having to pay are more than any compensation the trade body would have received had they won the action, and that Foster could have settled out of court and, given her circumstances, avoided both a compensation payment and legal costs.

At the time the courts ruled in Foster's favour the RIAA tried to say the ruling was an insignificant isolated case, but the fact they are appealing suggests other legal commentators were right when they observed the Foster case has potentially big implications in the trade body's ongoing anti-P2P litigation campaign. Firstly, the precedent of the Foster ruling means that owners of PCs whose computers have been used for P2P file sharing but who have not actually illegally shared content themselves, people who might have previously quickly settled with the RIAA, may now be motivated to defend themselves. And if precedent also says that the trade body must cover any legal costs when a defendant successfully defends themselves in that way, that makes the whole litigation approach more risky and costly for the record industry.

--------------------------------------------------

MORE CD-WOW NONSENSE
The judge hearing the BPI's latest legal claim against CD-Wow is now considering both sides' arguments before reaching a decision on whether the music etailer has breached a 2004 court ruling by selling CDs to UK customers sourced from suppliers outside the EU - a practice that violates UK copyright laws, and which was specifically ruled illegal by the High Court when the BPI first successfully sued CD-Wow over its supplier practices back in 2004. As previously reported, the BPI claims the etailer has been flagrantly breaching that 2004 ruling, but CD-Wow says any examples of them selling CDs sourced from outside the EU are isolated and down to human error.

Responding to CD-Wow's defence in court last week, the BPI said: "We believe that the level of human errors at CD-Wow can lead to no other conclusion than that CD-Wow has operated in contempt of court and has undertaken very significant breaches of copyright. The BPI's case is that the total breaches - when measured against all test purchases that have been undertaken - indicate a very significant breach of copyright and breaches of the undertakings they gave to the UK court. That level of human error has to be more than coincidence".

--------------------------------------------------

7DIGITAL FORMALLY LAUNCH ENHANCED INDIESTORE
7Digital's indiestore platform formally launched last week after a beta period, with a number of new features added to the service, which offers unsigned bands the facility to sell their music digitally without any set up costs (it's free up to four tracks, with a £75 service available for up to twenty tracks). New features include a listener comments and fan rating facility, an indiestore blog, SMS payment and more tools to allow bands to customise their indiestore pages. A new flash base indiestore player also allows bands to easily embed their indiestore sales platform into their own websites or blogs.

Launching the enhanced service, 7Digital boss Ben Drury told CMU: "The fast-paced download market means that it's essential for every band to have a sales presence online, whether they are signed, unsigned or independent. With indiestore anyone can fully exploit the opportunities opened up by digital music - artists can sell to a worldwide audience, use SMS payment for viral campaigns and even have a crack at the charts. In terms of getting signed, it's not about sending your tape to a label anymore, it's about establishing yourself online and proving you're already selling."

--------------------------------------------------

SKY HIT BACK AT VIRGIN
BSkyB has hit back at those previously reported claims by Virgin Media that they had refused to negotiate any further regarding the inclusion, or not, of Sky's flagship channels on the Virgin cable TV network.

As previously reported, Sky and Virgin have been in dispute as to the price the latter should pay the former for including stations like Sky One on its cable platform. With that dispute unresolved Sky has threatened to withdraw its channels, encouraging Virgin TV's customers to lobby their supplier regarding its unwillingness to pay Sky's asking price (or even better to switch over to Sky's rival satellite TV platform).

Virgin Media last week said that Sky had now confirmed it was taking the "unprecedented step" of taking its channels off the Virgin cable network, and that they had refused to discuss the matter any further.

But Sky said that Virgin were jumping the gun in both those statements, though it re-stressed its side of the argument, telling reporters: "NTL/Virgin can't expect to free-ride on Sky's commitment to bring viewers the best TV. They need to decide whether they are going to invest in the programmes that their customers enjoy". Suggesting that Virgin was looking to cut the costs it paid the likes of Sky because of all the money it had spent on its recent rebrand from NTL to Virgin, Sky added: "They should sort out their priorities and avoid short-changing customers with an inferior and over-priced service".

Which, to be fair, doesn't really sound like the words of someone looking to reach some kind of compromise.

--------------------------------------------------

CHART UPDATE
So, are Kaiser Chiefs sounding a bit bland on album number two, or are the early adopters doing that 'we don't like anyone who's successful' thing? Discuss. There's some source material you could use in the 'and finally' bit below. Either way, the first single off that album, 'Ruby', may or may not be a bit bland, but it is certainly successful - it working its way to the top spot on the singles chart this week now the physical CD single is out, pushing that Mika fella into second place.

Elsewhere in chartdom, new entries on the singles chart this week come from Akon and Snoop Dogg with 'I Wanna Love You' at 4, Fray with 'How To Save A Life' at 5, Akon again, this time with Gwen Stefani, and 'The Sweet Escape' at 7, Junior Jack and Shena with 'Dare Me' at 20, Fergie with 'Glamourous' at 27, Killers with 'Read My Mind' at 29, Magic Numbers with 'This Is A Song' at 36 and Mumm-ra with 'What Would Steve Do?' at 40.

Albums wise, it was Amy Winehouse who pushed Mika out of the top spot, with her album 'Back To Black' returning to the number one slot for a second time. New entries wise, the albums chart features Fray at 4 with 'How To Save A Life', Johnny Cash with 'At San Quentin' at 20 and Lucinda Williams with 'West' at 30, while Gossip's 2006 album 'Standing In The Way Of Control' goes in at 33, proving that if nobody else's career benefits from E4's much hyped teen drama Skins, its played-to-death trailer ain't done Gossip any harm. And that's no bad thing.

Talking of Gossip, which we are, I stumbled across a mash up this weekend that's got me more excited that any other mash up in a long time - possibly because it proves an inkling I've had for a while that Justice, Simian and Gossip all belong in the same tea cup. See for yourself just how well it works...

http://obviousproductions.multiply.com/music/item/1

--------------------------------------------------

TOTAL ROCK WORLD ALBUM CHART
As counted down on Total Rock over the weekend - http://www.totalrock.com. New entries and re-entries marked with a *.

1. Red Hot Chili Peppers - Stadium Arcadium (Warner Bros)
2. Evanescence - The Open Door (SonyBMG)
3. Fall Out Boy - Infinity On High (Universal/Island)
4. My Chemical Romance - The Black Parade (Warner Bros)
5. Nickelback - All The Right Reasons (Warner/Roadrunner)
6. The Used - Berth (Warner Bros)
7. Muse - Black Holes & Revelations (Warner Bros)
8. Incubus - Light Grenades (SonyBMG)
9. Queen - Greatest Hits 1,2,3 (EMI)
10. Hinder - Extreme Behavior (Republic)
11. Billy Talent - Billy Talent II (Warner/Atlantic)
12. Razorlight - Razorlight (Universal/Mercury)
13. Stone Sour - Come What(ever) May (Warner/Roadrunner)
14. Guns n Roses - Greatest Hits (Universal/Geffen)
15. Saliva - Blood Stained Love Song (Universal/Island)
16. Rise Against - The Sufferer & The Witness (Universal/Geffen)
17. 30 Seconds To Mars - A Beautiful Life (EMI/Virgin)
18. Killswitch Engage - As Daylight Dies (Warner/Roadrunner)
19. Disturbed - Ten Thousand Fists (Giant)*
20. Audioslave - Revelations (SonyBMG/Epic)*

--------------------------------------------------

THIS WEEK'S STUDENT RADIO CHART
The most played tracks on student radio last week. Info on all things Student Radio Chart from Al-B - music@studentradio.org.uk

1. [1] Kaiser Chiefs - Ruby
2. [9] The Killers - Read My Mind
3. [5] Gossip - Standing in the Way of Control
4. [3] Mika - Grace Kelly
5. [2] Klaxons - Golden Skans
6. [18] Little Fray - How to Save a Life
7. [6] Bloc Party - The Prayer
8. [7] The Long Blondes - Giddy Stratospheres
9. [16] Gwen Stefani - The Sweet Escape
10. [4] Fall Out Boy - This Aint a Scene, It's an Arms Race
11. [27] Brakes - Cease and Desist
12. [11] Arcade Fire - Keep the Car Running
13. [14] Snow Patrol - Open Your Eyes
14. [NE] Lily Allen - Alfie
15. [12] LCD Soundsystem - North American Scum
16. [NE] Idlewild - No Emotion
17. [15] Maximo Park - Our Velocity
18. [13] Just Jack - Starz in their Eyes
19. [10] Willy Mason - Save Myself
20. [20] Noisettes - Sister Rosetta (Capture the Spirit)
21. [NE] My Chemical Romance - Famous Last Words
22. [NE] Get Cape. Wear Cape. Fly - I Spy
23. [26] CSS - Off the Hook
24. [22] Good Shoes - Never Meant to Hurt You
25. [29] The Decemberists - O Valencia
26. [NE] Biffy Clyro - Saturday Superhouse
27. [NE] 30 Seconds To Mars - Attack
28. [RE] New Young Pony Club - The Bomb
29. [NE] Joss Stone - Tell Me Bout It
30. [21] Howling Bells - Low Happening

--------------------------------------------------

SUBSHOT PLAYLIST
The videos appearing on the SUBtv network of screens in students union bars this week. New entries marked with a *.

A-List
Biffy Clyro - Saturday Superhouse (14th Floor)
Camille Jones vs Fedde Le Grand - The Creeps (Ministry/Data)
CSS - Off The Hook (Warner)
Enter Shikari - Anything Can Happen (Ambush Reality)
The Fratellis - Baby Fratelli (Universal/Fallout)*
The Fray - How To Save A Life (SonyBMG/RCA)
Gossip - Standing In The Way Of Control (Back Yard)
Idlewild - No Emotion (Sanctuary/Sequel)
Kaiser Chiefs - Ruby (B-Unique)
Kelis feat. Cee-Lo - Lil Star (EMI/Virgin)
Lily Allen - Alfie (EMI/Parlophone)
Los Campesinos! - We Throw Parties, You Throw Knives (Wichita)
Maximo Park - Our Velocity (Warp)*
Red Hot Chili Peppers - Desecration Smile (Warner)
Unklejam - Love Ya! (EMI/Virgin)

B-List
Acoustic Ladyland - Cuts and Lies (V2)
Alex Gaudino feat Crystal Waters - Destination Calabria (Ministry/Data)*
The Bees - Who Cares What The Question Is (EMI/Virgin)
Brakes - Cease and Desist (Rough Trade)
Charlotte Hatherley - I Want You To Know (Little Sister)
Example - You Can't Rap (The Beats)
The Horrors - Gloves (Universal/Polydor)
Houzecrushers - Touch Me (Nebula)*
Junior Jack feat. Shena - Dare Me (Stupidisco) (Defected)
The Little Flames - Isobella (Deltasonic)*
Madness feat Sway & Baby Blue - Sorry (Lucky Seven)*
New Young Pony Club - The Bomb (Modular)*
The Pigeon Detectives - Romantic Type (Dance To The Radio)
The Rumble Strips - Alarm Clock (Fallout)*
Willy Mason - Save Myself (EMI/Virgin)

--------------------------------------------------

KAISER CHIEF ON BEING CRITICISED
Kaiser Chiefs keyboardist Nick Baines has been talking to Gigwise about derogatory comments made about his band by the likes of Arctic Monkeys and The View. Baines said: "We are an easy target because nobody ever slags off a small band because you're not going to get noticed by the press are you? Of course, you slag off someone who's doing well because obviously you're being a lot more outrageous in your comments aren't you? You realise that it's all one big game but unfortunately the bands that choose to slag us off are taking it far too seriously. It'd be better if they were writing better songs than us, but they're not so they can shut up."

Adding that he is able to see the funny side of it, he continued: "It doesn't disappoint me. It's not as if I'm hurt or lying awake at night or anything like that you know? It amuses me because it's so transparent, so see-through what they're doing. You're like, 'Well I can see clearly what your doing, I know now that I'm not to believe a word you're saying and we'll get on with what we're doing and you get back to packing shelves in supermarkets again'".

--------------------------------------------------

LILY ALLEN FEELS FOR THE POOR KIDS, CRITICISES POSH
Lily Allen has spoken about how the cost of living has become increasingly out of young people's range in places like London, and has criticised the likes of Victoria Beckham for giving them unrealistic expectations.

Speaking on a BBC discussion show, she said: "We are bombarded with fashion mags and gossip mags with rich pop stars and Victoria Beckhams with their new handbags and kids think that's the sort of life they should have. But because these things are so unattainable, kids often give up before they've even started".

She continued: "I've been doing what I do for a few years now and I've been paid pretty well for it, but even I'm not in a position to buy a one-bedroom flat in the city I grew up in. How much harder is it going to be for other people my age? It's depressing to be young in Britain. Money is a massive issue".

On this point, she is not wrong.

--------------------------------------------------

SOMEONE'S BROTHER CALLS DONNY A TWAT
Paul Gallagher, brother of Liam and Noel, has said that Towers Of London's Donny Tourette is a wannabe Liam. Gallagher says of the singer: "He wants to be Liam but he's just a posh twat. He aint no star. And that whole Big Brother thing - a load of shit."

--------------------------------------------------

WAGS BATTLE OVER TAKE THAT AND PARTIES
Coleen Mcloughlin, famous for being footballer Wayne Rooney's fiance, is apparently deeply pissed off that Take That refused to play a set at a 21st birthday party she is planning for April, but that Gary Barlow has agreed to perform solo at fellow WAG Alex Curran's wedding to Steven Gerrard in June. Take That said they couldn't play Coleen's party because they won't be in the country so I don't know why she's taking it so personally. Perhaps it's just some WAG rivalry thing that I just don't understand.

Anyway, a 'source' told The People: "Coleen is miffed. She really wanted Take That to play at her party but the lads knocked her back. Now she hears her pal Alex is bragging she and Steven have got Gary. It's the ultimate in one-upmanship".

yesterday's Daily - Daily archive

© UnLimited Publishing | subscribe at www.theCMUwebsite.com/daily