CMU Daily - on the inside Friday 26th October
yesterday's Daily - Daily archive

In today's CMU Daily:
- Magic RAJAR result for Dr Fox: RAJARS round up
- Where next for the anti-P2P battle?
- Brown altercations down to hearing problems manager says
- Russell Watson has new brain surgery
- Yes, more Britney stuff
- Akon defends TI
- Diddy denies assault
- New B-52s coming in new year
- +44 re-sign to Interscope
- Fightstar appear on Kerrang! tour
- Single Review: Jose Gonzalez - Teardrop
- SonyBMG reduces losses
- Musical score wiki goes down after cease and desist
- SanDisk to sue over patent infringement allegations
- iTunes price discrepancies
- Black Crowes man divorced from Hudson
- BBC had Doherty obit ready
- Slash says Chinese Democracy will come, eventually
- Talks back on for Heather Mills biopic

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TOP BIT
Now, don't forget that the clocks go back this weekend, though to be honest I'd rather have the extra hour now than in the middle of Saturday night, because there are all these stories that there just isn't time to tell you about. And they're good stories.

Like the news that Saul Williams has been working with Nine Inch Nails man Trent Reznor on a new album, which should be interesting. Called 'The Inevitable Rise Aand Liberation of NiggyTardust', it will be available for free low-quality download, or for higher-quality download for five dollars, via Fader magazine's record label. Good story, no time to report on it.

Also no time to tell you that Goldfrapp have finished their next album, and that Alison Goldfrapp and Will Gregory have posted on their website: "We had fun making it and loved doing something that is in complete contrast to the last album, even though sometimes it took a bit of courage to steer as far away as we did on some of the tunes. It's come from the heart and was made with love so we hope you will be into it too". Would tell you all that, but no time.

Oasis download only release 'Lord Don't Slow Me Down' will be getting a very limited edition vinyl release - with copies being given away to the first 50 people who buy the band's new DVD, of the same name, from the HMV on Market Street, Manchester. But alas there's no time to tell you. Not even our Mancunian readers. Sorry.

And no time to report on the fact that the former Pope, John Paul II, is set to top the DVD charts this Christmas with a DVD release from beyond the grave. A DVD called 'Santo Subito', which is "the first time that original recordings of his most popular prayers and teachings have been set to a contemporary music soundtrack", is being released ahead of Christmas this year, and the consensus is that it is going to outsell every other music DVD release, even the aforementioned Oasis live DVD. Big story. I won't say "but alas no time to tell you" because that gag is probably getting old already.

Anyway, we'll see what we can do with that extra hour this weekend and return with a bumper CMU Daily on Monday. Hurrah.

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CMU FRIDAY TIPS

VIGSY'S CLUB TIP: Joey Negro at Salmon And Compass
I've not been to this bar yet, but may try and do so tonight because they are hosting one of my all time favourite DJ's and he will be giving us a long, intimate set. Dave Lee, aka Joey Negro, is simply brilliant and I can never fathom why he isn't a household name - he's an all round nice bloke and possibly responsible for the whole disco house movement. As owner of Z Records his discography to date is astounding - this man
works harder in the studio than most, recording as Jakatta, Akabu and the mighty Sunburst Band. This will be a night of proper underground house and disco. And only a fiver... I spy a road block...

Friday 26 Oct, Salmon And Compass, 58 Penton St, London, N1, 3pm-3am, free then £5 after 9pm, info from http://www.salmonandcompass.com

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MAGIC RAJAR RESULT FOR DR FOX: RAJARS ROUND UP
It must be good to be Neil Fox this morning. For years he fronted the Capital Radio drivetime show on the assumption that when Chris Tarrant finally decided he'd had enough of early mornings that he, Dr Fox, would be handed London's biggest breakfast show. But then Capital bosses brought in Johnny Vaughan and slowly sidelined Foxy. So he quit, took on the prime time slot at EMAP owned rival Magic and, as of yesterday, is now officially presenting London's biggest breakfast show. Ah, what a nice story. Quick, secure the film rights.

Yes, Magic's breakfast show is the biggest in London, if the slightly made up radio ratings the RAJARs are to be believed. The Neil Fox show beat both Capital's Johnny Vaughan breakfast and Heart's Jamie Theakston/Harriet Scott breakfast affair to take the accolade. That helped Tragic FM maintain its title as London's most listened to radio station for the third quarter running. Well done them. And now, classic Daniel Bedingfield.

It should be noted that [a] Capital were actually right to not give Fox their breakfast show even if it means losing out to a rival in the ratings, [b] Capital claim that if you actually take Vaughan's new time slot into account (6.30am-10am) he still has the biggest overall breakfast audience, and [c] Capital actually enjoyed better RAJARs than of late with overall listening figures up on both the last quarter and the same quarter last year, something which helped them reclaim third place in the London radio market off Magic's youth focused sister station Kiss.

Elsewhere in RAJAR land, Capital's sister station Choice saw its audience rise from 500,000 last quarter to 611,000. Across the building, Xfm London saw its audience fall quarter on quarter, though it was still up slightly year on year - audience share, though, was down from 2% to 1.2%, which will possibly worry bosses there. Also down in the London market was Global Radio's talk station LBC, which was down both quarterly and year on year, albeit only slightly.

The big ratings battle in the radio world though is between commercial and BBC. In that domain there was good news for the Beeb who slightly extended its lead over commercial radio. That said, there were rating declines quarter on quarter at most BBC national stations. Radios 1, 2, 4 and 5Live all saw audience figures drop - 5Live in particular, which scored its lowest audience figures in seven years. Radio 3 saw its audience rise compared to last quarter - though last quarter was especially disappointing for the classical station, and their ratings are still down year on year. In the world of BBC breakfast shows, both Chris Moyles at Radio 1 and Terry Wogan at Radio 2 saw their audiences fall a little - the former more so, meaning Wogan increased his lead on Moyles.

The other big story in this set of RAJARs was the continued growth of digital radio - something that will please both the commercial sector and the BBC, who have both invested a lot in getting the digital domain off the ground. Nearly 30% of people now tune in to digital radio each week (via either a DAB radio, digital TV or the net) and digital now accounts for 15% of all radio listening.

In the digital domain the commercial stations lead, in particular EMAP's The Hits and Smash Hits which dominate in terms of listeners, with 1.49 million and 990,000 weekly listeners respectively. GCap's Planet Rock is third in the digital music station stakes with 548,000 listeners, ahead of the BBC's 6Music, which has 485,000. The biggest BBC digital offering is spoken word station BBC7 which had 795,000 listeners in the last quarter.

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WHERE NEXT FOR THE ANTI-P2P BATTLE?
The International Federation Of The Phonographic Industry is being a bit tight lipped on where it will go next in its continuing battle to close down major sources of illegal music content online.

There has been some speculation regarding a notice posted on the former home of controversial BitTorrent community OiNK which, as previously reported, was closed down this week after police seized their servers and arrested the man behind it. The IFPI posting says: "A criminal investigation continues into the identities and activities of the site's users".

That could imply that the IFPI plans to pursue action against those people who used OiNK to access illegal content as well as the people who ran it. File sharers in blog land point out similar things were implied by the Movie Picture Association Of America when they closed down LokiTorrent back in 2005, but that no users of the service were ever targeted. But the IFPI is keen to ensure such file sharers are not too complacent about these things, telling reporters: "We expect [OiNK] users will start to migrate to [other BitTorrent trackers] over the next few days. We are watching their movements. It's a case of watch this space".

Meanwhile, OiNK founder Alan Ellis, the man arrested by police for mass copyright infringement earlier in the week, has denied that the service he ran contravenes copyright laws, comparing the tracking service to search engines like Google. Speaking to the Daily Telegraph, he said: "I haven't done anything wrong. I don't believe my website breaks the law. They [the police] don't understand how it works. The website is very different from how the police are making it out to be. There is no music sold on the site - I am doing nothing wrong. I don't sell music to people, I just direct them to it. If somebody wants to illegally download music they are going to do it whether my site is there or not".

Making the Google comparison, he continued: "If this goes to court it is going to set a huge precedent. It will change the internet as we know it. As far as I am aware no-one in Britain has ever been taken to court for running a website like mine. My site is no different to something like Google. If Google directed someone to a site where they can illegally download music they are doing the same as what I have been accused of. I am not making any OiNK users break the law".

Concluding, he repeated the common argument that file-sharers buy more not less music, despite downloading large amounts of music for free: "People who download music also buy CDs as well. A lot of people download music on the internet to get a taste of it and then later buy the CD".

As previously reported, the music industry are especially anti services like OiNK because of the number of albums that surface on communities like it before they are formally released digitally or otherwise. IFPI chief John Kennedy has admitted that combating pre-release leaks of albums online is a particular priority for the industry body, telling reporters: "The damage being done with prerelease piracy is almost immeasurable. It ruins the launch of a record [and] damages the impact on the market for all records. We have just got to tighten up on leaks".

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BROWN ALTERCATIONS DOWN TO HEARING PROBLEMS MANAGER SAYS
Foxy Brown's manager says that his client has been put into solitary confinement because of false allegations and misunderstandings. Chaz Williams was responding to reports that the rapper, currently in jail for parole violations, has been put into solitary after a run in with a fellow inmate, after being verbally abusive to prison officers, and for refusing to take a drug test.

But speaking to Billboard, Williams says not all the allegations against Brown are fair. He says: "There was an incident where a girl attempted to confront her and she stood her ground, but there wasn't any contact. Words were exchanged and that was it". While on her refusal to take a drug test, Williams reckons Brown misheard prison officers' instructions because of her hearing difficulties: "Really she didn't hear the request ... she has a battery-operated device and sometimes it dies out. By the time she understood what she was being asked, the officials told her it was too late and that their decision to take further disciplinary action was already made". A similar confusion, he says, led to Brown's previously reported refusal to board a prison bus to attend a court hearing.

Williams says prison officials have confirmed his client's hearing difficulties, and are looking into whether the condition was behind recent conflict situations.

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RUSSELL WATSON HAS NEW BRAIN SURGERY
Pop opera star Russell Watson is reportedly in a critical condition after undergoing emergency brain surgery, though he is reportedly conscious and "sitting up in bed talking".

The opera star went into hospital on Wednesday after losing his vision while working in the studio. He subsequently underwent three hours of surgery to remove a brain tumour. A spokesman for the hospital told reporters: "He was recording in the studio when he suddenly became incapacitated with multiple symptoms including a dramatic deterioration of vision. After an MRI scan revealed a regrowth of a previous brain tumour and some bleeding, he was recommended to undergo emergency surgery".

The latest surgery follows that previously reported operation to remove a brain tumour in September 2006.

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YES, MORE BRITNEY STUFF
Those hit and run charges against poor old Britney have been dropped - so that's a relief. Though she still faces a court hearing for driving without a valid licence.

As previously reported, Spears was in trouble after bumping into another car and then driving off back in August. But the popstress has now reached a financial settlement with the owner of the car she bumped, and the hit and run charges are to be dropped. But charges re driving without a valid licence remain.

Spears, of course, is due back in court today for the latest hearing in her long running custody battle with ex Kevin Federline. As previously reported, Britney wants equal custody of the couple's children, which are currently living with Federline. But the pop star's ex will reportedly push for at least 70% custody.

The couple this week spent time together for just the third time since their split, and the first time without their lawyers in tow, at that parenting class that they were ordered to attend by the courts. Reports suggest Britney arrived in good spirits for the class, but left in tears. Other reports suggest that the coach who ran the class is expected to hand over a damaging report about Britney's parenting skills to the judge ahead of the aforementioned custody hearing, which wouldn't exactly help in her battle for equal custody.

Oh well. Her new album 'Blackout' is getting some good initial reviews, so not all doom and gloom.

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AKON DEFENDS TI
Elsewhere in the pop courts, and Akon has leant his support to jailed rapper TI who faces various charges of buying illegal weapons. Akon has told MTV he thinks his friend and fellow hip hopper has been set up. Though he says that TI should have made sure he had better people around him to help him avoid getting into trouble with the law.

Akon: "It's obvious he was set up. But sometimes when you're in a position of that stature and you're that big ... you just don't allow that energy around you. You have to have people around you to let you know or avoid that energy. Even if he was a [gun] collector, naturally, you get a license to collect. That's just common sense".

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DIDDY DENIES ASSAULT
More pop courts, and P Diddy has responded to the most recent assault allegations made against him. As previously reported, a man called Steven Acevedo claims Diddy punched him after a squabble over a woman outside a New York club. Police are still investigating the claims, but Diddy told reporters this week that while he did have an argument with Acevedo there was no violence. Diddy: "It was something that was just totally overblown. I don't fight over girls! [But] I am a human being and I will get into an argument at times".

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NEW B-52S COMING IN NEW YEAR
More on the brand new album from the B-52s, the first since 1992's 'Good Stuff' - this has been a long time coming for us B-52 fans. The new long player is to be called 'Funplex' and is set for release in February. Speaking to Rolling Stone guitarist Keith Strickland revealed: "We thought, we're gonna keep [touring], we're gonna need some new songs for the show, we need to put a new album out there. [Then] this idea for the sound of the new album just popped into my head, and I felt that the sound and direction of the music would be right for us, so for the first time in years, I felt inspired enough to begin writing music for a new B-52's album. It's loud, sexy rock & roll with the beat pumped up to hot pink". Can't wait.

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+44 RE-SIGN TO INTERSCOPE
With so many artists splitting from their record companies and going it alone at the moment, it's quite novel to hear about an established band re-signing with their label. But we hear that Blink 182 spin-off +44 have just re-signed to Universal's Interscope Records. So that's a relief. The band's original deal with the major was for just one album - the new deal means album number two can now be prepared.

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FIGHTSTAR APPEAR ON KERRANG! TOUR
Those Fightstar boys have been confirmed for the Kerrang! tour that is due to hit the road in the New Year - and they're the only Brits on an American act dominated tour. Also on the bill are Coheed And Cambria, Madina Lake and Circa Survive. Commenting on the tour, that Charlie Simpson told CMU: "I think it's going to be really good fun. I'm a huge fan of Coheed and Madina Lake and I really like Circa Survive's record. Hopefully these shows will open us up to a new audience - and we get to play Brixton Academy too - which is a massive thing for me as I've always wanted to play there - I'm so excited about it!" The tour goes as follows...

23 Jan: Belfast Mandela
24 Jan: Dublin Ambassador
26 Jan: Southampton Guildhall
27 Jan: Bristol Academy
28 Jan: Nottingham Rock City
30 Jan: Cardiff University
31 Jan: Norwich UEA
1 Feb: Manchester Academy
3 Feb: Leeds University
4 Feb: Glasgow Barrowlands
5 Feb: Newcastle Academy
7 Feb: Birmingham Academy
8 Feb: London Brixton Academy

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SINGLE REVIEW: Jose Gonzalez - Teardrop (Peacefrog)
Jose Gonzales is best known, of course, for his mournful stripped down cover of The Knife's 'Heartbeats' (and its subsequent use in a TV ad). He doesn't just do covers, so this cover release seems a little calculated in its attempt to repeat the success of 'Heartbeats', seeing as subsequent singles didn't quite reach the same level of recognition. With a strangely compelling bluesy/bluegrass feel to the vocals, 'Teardop' slowly builds, with a passion and intensity absent from the original and something you wouldn't have expected from what is essentially just an acoustic guitar and a man singing. Not quite as interesting as either the original (or Elbow's cover of it, for that matter), it nonetheless taps into the post Nouvelle Vague vibe with a character of its own and could easily 'do the business' for Gonzalez if it gets picked up again by someone in adland. MS
Release date: 29 Oct
Press contact: Bang On [O]

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SONYBMG REDUCES LOSSES
I wish I could persuade my bank manager that an $8 million loss is good news. But it is good news for SonyBMG, who have further reduced their losses this year, as they continue to battle to go back into profit. The major record company has just posted a net loss for the second quarter of $8 million, which compares to losses of $39 million and $60 million in the same quarter in 2006 and 2005 respectively.

The significant fall in losses comes despite a 10.2% drop in sales. The major says the sales decline was due to overall declines in the global CD market and a relatively quiet release schedule in the second quarter compared to the same period the previous year.

The SonyBMG results have been revealed as part of Sony Corp's latest financials. The parent company has enjoyed better financial fortunes of late, moving back into profit despite the losses at SonyBMG and problems at the conglom's video game division where PlayStation 3 continues to under perform. But Sony Corp nevertheless posted net income of $641 million, aided in the main by impressive sales in its electronics business, especially of its Bravia LCD TVs.

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MUSICAL SCORE WIKI GOES DOWN AFTER CEASE AND DESIST
A wiki site that provided access to classical music scores for music out of copyright has closed down after legal threats from a music publisher.

The International Music Score Library Project was founded in Canada by college student Xiao-Guang Guo and let users upload musical scores that were in the public domain. It had become a popular resource for classical musicians who both submitted and accessed scores via the service.

However, Guo has been issued with a cease and desist letter from Austrian music publisher Universal Edition, and the student has taken the service down while he considers his options.

The legal issue seems to centre on the discrepancy between copyright terms in Canada and Europe. In the former, publishing copyright runs for 50 years after death, whereas in Europe there's a 70 year after death term. It seems IMSLP carried some musical scores which were out of copyright in Canada but which were accessible in Europe where they were still subject to copyright. Universal Edition's legal letter reportedly told Guo that: "Please note that under Canadian law a judgment rendered in Europe is enforceable in Canada".

Despite taking the wiki service down, Guo is keen to stress that the move is temporary while he considers Universal Edition's demands, writing on his site's home page: "IMSLP is not dead".

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SAN DISK TO SUE OVER PATENT INFRINGEMENT ALLEGATIONS
SanDisk has filed patent infringements against 25 companies who manufacture, sell or distribute storage related devices like flash memory based MP3 players. LG Electronics is probably the most high profile defendant named in the lawsuit, filed in the US courts - the bigger players in the market seemingly escaping litigation this time round. The company's Chief IP Counsel E Earle Thompson told reporters: "Our goal is to resolve these matters by offering the defendants the opportunity to participate in our patent licensing program. Otherwise, we will aggressively pursue these actions".

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ITUNES PRICE DISCREPANCIES
Hmm, some interesting iTunes observations have been posted on Digital Music News. They relate to the recent announcement by Apple chief Steve Jobs that DRM-free tracks bought via iTunes Plus, originally more expensive, would fall in line with standard DRMed tracks - 99 cents in the US.

DMN points out that when iTunes Plus was first launched existing customers were given the option to upgrade tracks they had already bought with DRM, which were now in the Plus catalogue, to DRM-free by paying the price difference - thirty cents. That option apparently still remains, even though the DRM-free tracks can now be bought for 99 cents, meaning you might argue the upgrade should now be free.

Which is a bit odd, though possibly caused by Apple's licensing agreement with EMI more than anything else. In reality most people wanting to upgrade previously bought DRMed tracks already will have done so, but the situation is another example of Apple price cuts penalising their early-adopter customers - you'll remember there was outrage when Apple made significant cuts on the iPhone price point just months after its launch in the US, so much so they offered those who had bought the device at the higher price Apple vouchers to compensate.

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BLACK CROWES MAN DIVORCED FROM HUDSON
Black Crowes frontman Chris Robinson has reportedly completed his divorce from actress Kate Hudson. As previously reported, Robinson filed for divorce late last year after Hudson, his wife of six years, requested a separation. An LA judge reportedly signed the divorce judgement yesterday.

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BBC HAD DOHERTY OBIT READY
The Independent reports that the BBC has a full obituary prepared for Pete Doherty, something that they say is normally only prepared for royalty, senior politicians and celebs known to be on death's door. Presumably BBC news types were awaiting the "young rocker ODs" scoop. The Inde quote a BBC source as saying: "We only prepare obituaries in detail for the Royal Family, big politicians and public figures suffering from a serious illness. But, for obvious reasons, we made an exception". Now that Pete's rehabilitated presumably they'll stop updating it. Let's hope he doesn't get run over by a bus.

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SLASH SAYS CHINESE DEMOCRACY WILL COME, EVENTUALLY
Is it just me, or does former Guns N Roses member Slash talk more about the long awaited GnR album 'Chinese Democracy' than Axl Rose does? This time he's been making excuses for Rose's failure to ever deliver the long long long awaited long player. He has now told reporters: "It'll get done, and it'll come out when he [Axl Rose] feels comfortable with putting it out. And Axl works in a different time zone than I do. So what may seem like a long time to other people is a tick of the clock to him. It'll come out though. It will".

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TALKS BACK ON FOR HEATHER MILLS BIOPIC
Talks are apparently back on to make a movie about the life of Heather Mills. Talks about making a film of her "tragic and empowering story" (her words) have been on hold while Mills divorce settlement with Paul McCartney proceeded. But with those talks on hold, apparently film negotiations are back on. A source told the Daily Mail: "Heather sees this film as the tragic and empowering story of a young model who loses her leg, overcomes her difficulties and marries her prince. But the most interesting part of the tale will be the dark goings-on behind closed doors". Yeah, exciting stuff indeed. Mills wants Reese Witherspoon to play her apparently. But is Witherspoon up to the task of being as whiny and irritating as Mills in real life? I suspect not.

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