|
|||||||||||||||||||||||||
MORE FROM THE TENENBAUM CASE - THE LAST BIG P2P LAWSUIT SQUABBLE
The Recording Industry Association Of America is appealing the judge's ruling regarding the webcasting of that previously reported P2P court case against Boston University student Joel Tenenbaum.
As previously reported, the Havard law professor advising Tenenbaum, Charles Nesson, requested that the court case - what could be one of the last RIAA P2P lawsuits against an individual file sharer given the trade body's recent change of strategy - be webcast on the internet, arguing that the case was of great interest to the net community and it should be made public in a way they are comfortable with. Somewhat surprisingly, Judge Nancy Gertner agreed.
The RIAA don't want the case to be webcast to the world, possibly because, while US copyright law is generally on their side when it comes to illegal file sharing, all sorts of tricky and, for the record industry, tedious technicalities can come up when cases go to court. Such technicalities being aired over the web could look bad for the record industry.
In a bid to stop the webcast, the trade body somewhat feebly claimed that webcasting pre-trial hearings could influence the potential jury pool in the trial. Gertner called those arguments "specious" and ruled the webcasts would go ahead. The record industry body is now appealing Gertner's ruling through the First Circuit Court of Appeals.
All of which further delays the case going to court. Not that that means there aren't developments in the case anyway. Tensions are mounting between the RIAA and Nesson, who is using a team of Havard students to prepare Tenenbaum's defence, and who clearly sees this as an opportunity to get the boot in against the trade body, who he believes have misused the legal system in their long running and much previously reported campaign of litigation against individuals accused of illegally sharing music files.
In the biggest pre-hearing squabble, Nesson is trying to force a deposition out of Matthew Oppenheim, the RIAA's former Senior Vice President Of Legal And Business Affairs who left the trade body in 2004, but who has seemingly continued to advise his former employer on its P2P litigation campaign (some claim he essentially ran the campaign on a freelance basis). A deposition would mean Oppenheim would have to give an out-of-court testimony under oath - ie answer the defence's questions under oath. The deposition would be recorded and used in court by the defence.
Nesson has subpoenaed Oppenheim according to the rules that govern depositions, but the RIAA claims he failed to correctly follow procedure. As a result they want the deposition to be denied, and for the defence (or, more specifically, Nesson) to have to cover the RIAA's costs in preparing their formal opposition to the subpoena. The RIAA also argue that Nesson has "unnecessarily complicated these proceedings".
I'm not really sure what any of this means for the final court case, should it be webcast or not, but I sense that this whole litigation could end up as an expensive squabble over the rights and wrongs of suing individuals who infringe copyrights online between legal types Oppenheim and Nesson, with the RIAA and Tenenbaum sitting on the sidelines paying the bills. Not good for either side really, though it may prove entertaining for those of us not actively involved.
--------------------------------------------------
RIAA BEINGS ISP TALKS - DISCONNECTION NOT ON THE AGENDA
Of course the irony is that this highly public and potentially embarrassing court squabble follows the Record Industry Association Of America's announcement that it is ending its onslaught of litigation against individual file sharers and concentrating, instead, on a new strategy neatly stolen from their counterparts in the UK, the BPI, ie entering into talks with the internet service providers about them taking a more proactive role in policing online piracy, by sending out warning letters to persistent file sharers, possibly threatening disconnection.
As in the UK, the ISPs seem willing, albeit reluctantly, to mail out letters telling customers who file share that they are bad people and should feel ashamed of themselves for infringing copyrights. They are less keen, however, on the proposals they cut off customers who ignore the warning letters and continue to upload or download illegal content.
Talks between the RIAA and ISPs in the US are ongoing (as are talks between the BPI and ISPs over here), though CNet recently quote an AT&T spokesman thus: "We believe that consumer education is a key component to enabling customers to find and use legal methods to access the content they want. We have also consistently said that automatic cutoff of our customers is not something we would do".
As previously reported, the UK ISPs are not all that keen on the forced disconnection proposals either. While the BPI say that that is only one of a number of options they are proposing, some reckon the industry hope the government will force the net firms to disconnect persistent file-sharers by introducing laws similar to those being developed in France. However, some in the ISP sector say they doubt the government would ever actually introduce such draconian laws, and IP Minister David Lammy recently said he thought such rules would be too legally complex to actually work.
--------------------------------------------------
MORE ZAVVI STORES CLOSE
More Zavvi stores are to close, meaning another 295 employees will be unemployed. The latest closures will leave just 48 of the former Virgin Megastores still trading. HMV have said they may buy some more of those, but if they do it's only likely to be a handful.
The latest closures are in Birmingham (Pavilion Centre), Bromley, Canterbury, Colchester, East Kilbride, Exeter, Ipswich, Kensington, Chelsea, Dudley (Merry Hill Centre), Newcastle (Monument Mall), Norwich, Oxford, Stirling and Taunton.
--------------------------------------------------
JEM FEELS LIKE SHE'S BEEN ON ICE
Singer Jem has said that she feels as though she's been frozen for the last couple of years whilst waiting to bring out her new album, 'Down To Earth', which is due out in the UK in February.
The Welsh singer, real name Jemma Griffiths, said of the wait: "It feels like a long time, only because it was supposed to come out in 2007 and I was frozen liken Hans Solo for two years during label politics. I had to stop recording halfway through the record and then start again and finish it so it's been longer than I would've wished. But it wasn't my fault, it wasn't me".
On the differences between life in LA and life in the UK, she added: "LA is totally different to Wales, although when it rains there - which isn't very often - it looks like Wales, it gets really green except for the palm trees if you forget about them. I signed a deal in America so when I went there it wasn't like shunning the UK or anything, I honestly think that everyone thinks it's got a bad reputation, but if everyone moved there and saw the quality of life it's really not as hideous as what people think, it's a really nice place to live".
LYNYRD SKYNYRD MAN DIES
Lynyrd Skynyrd's Billy Powell has died at the age of 56 from a suspected heart attack. He was at his home in Florida when he began having trouble breathing and called emergency services, but was dead by the time paramedics arrived.
Powell was born in Corpus Christi, Texas, but his family settled in Florida following the death of his father in 1960. He began learning piano whilst at school, and for a short period following his 1970 graduation studied music at community college. At this time he joined Lynyrd Skynyrd as a roadie, but did not become the band's keyboardist until 1972. The group's popularity began to grow in the next couple of years, and it was in 1974 that their biggest hit, 'Sweet Home Alabama', was released.
Powell was of course involved in the 1977 Mississippi plane crash that killed his fellow band mates Ronnie Van Zant, Steve Gaines and Cassie Gaines, as well as the band's road manager. Powell sustained severe facial lacerations - his nose was almost torn off by the impact - and damage to his right knee. He rejoined the band in 1987 for a reunion, and remained an active member up until his death. Only one member of the original line up, Gary Rossington, now remains.
He is survived by his wife and four children.
TOMMY REILLY WINS C4/ORANGE UNSIGNED COMPETITION
In case you're not keeping up with all this, singer songwriter Tommy Reilly recently won Channel 4's Orange Unsigned Act, and in doing so won a record deal with Universal's A&M imprint. And a nice new phone, one would assume. His first single, 'Gimme A Call', is out on download and is apparently already at number 11 in the midweeks. You can go check it out at this URL...
www.youtube.com/watch?v=pL_fd14HaaI&feature=channel_page
BERMAN DISBANDS SILVER JEWS TO FIGHT DAD
The frontman of cult indie band Silver Jews, David Berman, has announced that he has split up the band, which he originally formed with Stephen Malkmus and Bob Nastanovich of Pavement in 1989, cancelling all forthcoming tour dates, so that he can devote his time to telling the world how much he hates his dad.
This is not just teenage rebellion (not least because Berman is 42). His father is Washington-based lobbyist Richard Berman, described by US TV documentary series '60 Minutes' as "Dr Evil", and who has fought against consumer, animal welfare and environmental groups in the interests of his clients in the food, alcohol and tobacco markets.
Writing on the Silver Jews message board, Berman Jr said: "Now that the Joos are over I can tell you my gravest secret. Worse than suicide, worse than crack addiction: My father. You might be surprised to know he is famous, for terrible reasons. My father is a despicable man. My father is a sort of human molester. An exploiter. A scoundrel. A world historical motherfucking son of a bitch (sorry Grandma)".
He continued: "A couple of years ago I demanded he stop his work. Close down his company or I would sever our relationship. He refused. He has just gotten worse. More evil. More powerful. We've been 'estranged' for over three years. ... He props up fast food/soda/factory farming/childhood obesity and diabetes/drunk driving/second hand smoke. He attacks animal lovers, ecologists, civil action attorneys, scientists, dieticians, doctors, teachers. His clients include everyone from the makers of Agent Orange to the Tanning Salon Owners of America. He helped ensure the minimum wage did not move a penny from 1997-2007!"
Speaking about his decision to change his career, the musician said: "This winter I decided that the SJs were too small of a force to ever come close to undoing a millionth of all the harm he has caused. To you and everyone you know. Literally, if you eat food or have a job, he is reaching you. ... Previously I thought, through songs and poems and drawings I could find and build a refuge away from his world. But there is the matter of justice. ... The desire for it actually burns. It hurts. There needs to be something more. I'll see what that might be".
You can read more about Richard Berman here.
BEYONCE SENIOR NO LONGER MANAGING KELLY ROWLAND
Kelly Rowland has parted company from her manager, former bandmate Beyonce's dad Matthew Knowles, who has managed the Destiny's Child star's career since her childhood. Both Rowland and Knowles say the end of their professional relationship is amicable. It's not clear if Rowland has a new management deal lined up - she hasn't said so if she has.
JAY-Z TRACK LEAKED
A new Jay-Z track has apparently leaked online. 'When The Money Goes' appeared on the internet on Tuesday, but it's not clear whether the song comes from the recording sessions for Mr Z's currently in development 'Blueprint 3' album. If so, it could be sometime before it gets an official release. As previously reported, the rap star has said that he's planning to take his time over this record.
NEW DOVES ALBUM DETAILS
Doves have announced that their fourth album 'Kingdom Of Rust' will be out on 6 Apr, preceded by a single of the same name on 30 Mar. A new track from the LP, 'Jetstream' is presently available to download from their website. The band are also planning a six date tour of the UK this spring.
--------------------------------------------------
BETH ORTON DEBUT TO GET RE-RELEASE
Beth Orton's 1996 debut album 'Trailer Park', is to be re-issued via Sony Music on 9 Mar. The record has been remastered and comes with a bonus disc of thirteen non-album tracks - b-sides, live songs and instrumentals - recorded between 1996 and 1998.
Here's what's on that bonus CD in full...
Safety
It's Not The Spotlight
Galaxy Of Emptiness (live at Shepherds Bush Empire, 26/11/1996)
Pedestal
Touch Me With Your Love
It's This I Am Find
Bullet
Best Bit (early version)
Best Bit
Skimming Stone
Dolphins (feat Terry Callier)
Lean On Me (feat Terry Callier)
I Love How You Love Me
FFAF TOUR
Funeral For A Friend have announced a number of tour dates. Tickets for the gigs go on sale on Friday, I think, and the dates are as follows.
23 Mar: Pontypridd, Muni Arts Centre
24 Mar: Derby, University
25 Mar: Glasgow, QMU
27 Mar: Leeds, Rios
28 Mar: London, ULU
30 Mar: Sheffield - University Foundry
31 Mar: Northampton, Roadmender
OASIS TO HEADLINE BENICASSIM
Oasis will join Kings Of Leon, Franz Ferdinand and Paul Weller as headliners at this year's Benicassim festival in Spain in July. This year marks the 15th anniversary of the festival, which takes place between 16-19 Jul.
Oasis have also announced details of their next single, 'Falling Down', which will be released on 9 Mar.
--------------------------------------------------
KINGS OF LEON TO HEADLINE OXEGEN
Kings Of Leon have also confirmed that they are to headline Ireland's Oxegen Festival this summer. This is the second time in a row, so perhaps it's set to become a tradition. In addition to the two festival dates, the Kings will also play the O2 Arena.
SINGLE REVIEW: Saint Etienne - Method Of Modern Love/This Is Tomorrow (EMI/Heavenly)
First things first - 'Method Of Modern Love' is not a cover of the Hall & Oates classic. It is, however, absolutely brilliant and up there with the Et's very best (which is, of course, very good indeed). Whereas the wistful 'This Is Tomorrow' (taken from their recent Best Of 'London Conversations') taps into the retro-futurist spirit that the group make their own, 'MOML' is positively *now*, a svelte, not-in-the-least-bit kitsch slice of shimmering disco that's everything you'd want from an electro-pop song in 2009. There's a tasty remix package too - courtesy of Cola Boy, Richard X and Heartbreak, all of whom give the track some old-skool welly - Cola Boy (aka Bob and Pete, if you didn't know) give it a subtle yet affecting hands-in the-air 1991-style makeover, Heartbreak take it back to the mid 80s with some of their customary Italo-disco bells and whistles, whilst Richard X tweaks things just slightly to render it vaguely like the electroclash that was in vogue for five minutes back in 2002. It's only a limited edition single release so will never become the smash hit it deserves to be, but this is still a classic pop single in its own right. Keep 'em coming! MS
Release Date: 9 Feb
Press Contact: Bang On [O]
Buy from iTunes
Buy from Amazon
NEW SMASHING PUMPKINS SONG TO APPEAR ON SUPERBOWL AD
The Smashing Pumpkins sued EMI last year when the major allowed Pepsi to include some of their music in its big MP3 giveaway campaign which was, if I remember rightly, launched during the mega-TV viewing bonanza that is the Super Bowl. I seem to also remember the band's lawsuit said that the association with Pepsi, which they hadn't approved, damaged their "artistic integrity". Which is true, if you want artistic integrity you should never work with teeth rotting fizzy drinks, integritous artists do deals with world polluting, oil guzzling car firms. A brand new Smashing Pumpkins song called 'FOL' will soundtrack a new ad from Hyundai during this weekend's big game. Can't wait.
MEETING IN THE COMMONS TO DISCUSS COPYRIGHT TERM
A meeting organised by the all important Parliamentary Jazz Appreciation Group and recording royalty body PPL next Monday will discuss all things copyright extension. The meeting will take place in the House Of Commons, though will centre more on the progress of legislation at a European level regarding increasing the European recordings copyright term from the current fifty years to something nearer the 95 year term enjoyed by record labels in the US.
Various music types will give updates on their own activity at the event, while a new video designed to convince UK MEPS of the case for extension will be premiered. Music Week quite copyright term campaigner Michael Connarty, a co-host of the meeting, as saying these words: "This is a very important time for the music industry when, after years of waiting, we may be able to deliver something of real benefit to the musicians who have given us so many wonderful recordings".
--------------------------------------------------
EMI FRANCE BOSS LEAVES THE MAJOR
The boss of EMI Music France is disparu. Chairman Nathalie Collin has left the company six months after being promoted to the top job for reasons known not by me. EMI Music Europe President David Kassler will now handle the major's French operations.
--------------------------------------------------
NEW UK TOP MAN FOR SEETICKETS
Ticketing people See Tickets have announced that Rob Wilmshurst, previously COO of its UK division, will become CEO for this region. He will replace Nick Blackburn, who did a similar job as the company's UK MD, and who will now move up to become Chief Commercial Officer of See Tickets International.
Confirming the new appointments, the company's overall CEO Bart van Schriek told reporters: "Nick's extensive experience in the ticketing world will be of great value in the growth of our international business. Rob's successful entrepreneurial background in ticketing will greatly benefit our evolving business in the UK". All of which is lovely.
SPOTIFY TO GO MOBILE
The former Business Development Director of Yahoo Mobile has announced he is to head up the development of a mobile version of everyone's favourite streaming music service Spotify. Gustav Soderstrom revealed on his blog that work will begin on Spotify Mobile next month. No word on the specifics of how it will work yet.
GMG RADIO APPOINT NEW COMMERCIAL DIRECTOR
The Guardian's radio company, GMG Radio, has recruited a Google exec to become its new Commercial Director. In his new job Jonathan Gillespie will oversee commercial activity at GMG's Smooth, Real and Rock Radio stations, including sales, marketing and digital development. Prior to leading YouTube and display advertising sales at Google, Gillespie worked in advertising agencies.
At GMG Radio he takes over from Stuart Taylor who, as I'm pretty sure we've previously reported, will become CEO of the company following the departure of previous top man John Myers.
Confirming Gillespie's appointment, Taylor said this: "We are really pleased to welcome Jonathan to GMG Radio where his wide experience in radio, agencies and digital will strengthen an already formidable team. The future of radio is exciting and I have no doubt Jonathan will play an important part in shaping our position within it".
MEAT LOAF TO ENCOURAGE KIDS TO READ
Meat Loaf is reportedly to appear alongside a drumming puppy in a new cartoon series set to appear on children's ITV, or CiTV, as it's more popularly known. He's just one of a number of celebrity guests to appear on the show, which is aimed at encouraging children to read. Each of the guests will read a story to the puppy, Bookaboo, who needs "a story a day or he just can't play".
Meatloaf, who will appear in the first episode on 2 Mar and read 'The Lamb Who Came For Dinner', says this: "You need to have fun with reading and, if it's scary, make them shiver under the covers. If it's friendly and happy, make them feel fuzzy and warm".
Other music c'lebs set to do the children's show are Mel C and Alesha Dixon. Both of whom I like.
--------------------------------------------------
MADONNA DIVORCE A GOOD THING, SAYS RITCHIE'S DAD
Guy Ritchie's dad John has said that he's happy that his son's marriage to Madonna is well and truly over. He's quoted by In Touch as saying that "the worst thing would be if they reconciled", and adds that he's glad to see the singer spending time with boyfriends as it means she won't be back looking for her ex. John Ritchie was understandably upset last year after Madonna said insulting things about Guy at a concert, and said she was "horrid".
Anyway, he also revealed that the divorced couple continue to deal amicably with one another, for the sake of the kids. "There are no big arguments between them. All they discuss is the children", he said.
--------------------------------------------------
JOAQUIN PHOENIX'S RAP CAREER IS REAL, OKAY?
A publicist for actor Joaquin Phoenix has said that his new career in hip hop is not a prank, despite what friends might say. Recent reports claimed that sources close to the star had said that the star's not-great performance at a Las Vegas nightclub, filmed by bro-in-law Casey Affleck, was all part of a hoax, or "art-project".
Rep Susan Patricola says his career plans are real, however, that he really has retired from acting, and is to pursue music. She told MTV News, "He intends on exploring his musical interests, despite speculative, negative or positive reactions".
Well, I expect it will all come out at some point, if it is a hoax. And then we can all laugh uproariously at the hilarity of it all.
--------------------------------------------------
EAMONN VS RHIANNA: IT'S ON
It's the biggest battle in music since Fiddy versus Kanye. All the kids are talking about it. And the adults. And some small animals.
But just in case you've not heard, there ain't no love between Eamonn Holmes and Rihanna anymore. In fact, it doesn't sound like there was a lot in the first place, with Holmes saying now that he'd like to give the singer a slap and make her "wise up". But only if she was his daughter. Apparently slapping young women and shouting at them when you're not a blood relation is frowned upon, particularly on TV.
The Sky News presenter told Star magazine: "I find the entourages that some people come with, especially the Americans, really pathetic. Rihanna, for example, is a beautiful girl, but if she was your daughter, you'd give her a slap and tell her to wise up. She is surrounded by people who treat her like a little flower".
To be fair, he does actually have a point. Are you a parent of a pop star who is surrounded by yes men? Start slapping now.
If you want to stop receiving this e-bulletin click the 'unsubscribe' button below and follow the instructions. If any of your colleagues want to receive the CMU Daily tell them to email their name, company, job title and email to [email protected].
If you would like to recieve the CMU Daily as a text email, send a blank email from the email address you are registered at to [email protected].
MEDIA PEOPLE>> If you are looking for an independent quote on anything to do with the music business, or you need someone to come on your TV or radio show and talk music business, then we can help. There's nothing we don't know about. Email requests to [email protected] or call 020 7099 9050.
CMU is published by and (c) UnLimited Media - www.unlimitedmedia.co.uk
Send news stories to [email protected]. If we don't respond directly, we do apologise, only we get sent hundreds of emails a day and don't have time to respond to every one of them. However we do check every email sent to the musicnews email address, and do pull out stories that we feel are relevant to our readers.
Send CDs for review to CMU, UnLimited Media, 221-222 Shoreditch High Street, London, E1 6PJ.