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MORE OF THE SAME - INDUSTRY TAKES TO THE STAND AT PIRATE BAY TRIAL Ignoring the fact they often demonstrate ignorance as to how different file sharing systems work (which leads them to make technically incorrect statements that plays into the hands of the pro-P2P lobby), they nearly always present that same argument against illegal file sharing: that illegal file sharing has grown hugely in the last ten years; that CD-sales have slumped in the last ten years; that one caused the other; that file sharing is therefore leading to a slump in record companies' profits; which prevents them from investing in new talent. While there are elements of truth in all those statements, there are a number of other reasons why CD sales have slumped in the last decade - eg the boom in back-to-back music media, the growth of on-demand music services, the arrival of new music-based products like ringtones, increasing competition from other entertainment sectors and the tendency to sign quick-win but short lived pop acts in the nineties. Meanwhile, many file-sharers continue to buy music as well as accessing it for free via illegal file sharing networks. And while CD sales may have slumped, the costs of producing, distributing and marketing music has also come down. And other music-related revenue streams have grown in recent years - publishing, merchandising, brand partnerships, live. If record companies had spent less time employing clueless lawyers and DRM-makers ten years ago and more time honing the strangely out of fashion 360 degree business model, perhaps they could be benefiting from those growing revenue streams by now. And if they'd more quickly embraced the sales potential of the internet - ie before Apple chief Steve Jobs forced them to - digital revenues may now be higher too. Unfortunately, the representatives from the Swedish record industry who took to the witness stand in The Pirate Bay trial in Stockholm yesterday again showed ignorance as to how the BitTorrent tracker worked, and again relied on the 'file sharing equals CD sales slump equals less money for investing in new talent' argument. Which allows the defence and pro-P2P lobby to pick the above mentioned holes into the industry's argument. To be fair, the boss of the International Federation Of The Phonographic Industry, John Kennedy, did an OK job of explaining why it was particularly irritating when services like The Pirate Bay helped distribute albums ahead of their official release. He told the court: "In any industry when you are bringing a product to the market there is a critical stage at which you choose to make your connection with the public - it's a particular stage at which you launch your product. And all marketing spend, particularly in the music industry, is designed to make an impact, particularly in week one after release". He also made an effort to distinguish search services like The Pirate Bay from mainstream search engines like Google, which will, of course, also bring up links to illegal content sources if you search for an artist's name. But, as Kennedy said, Google will bring up millions of varied references to any one artist, while services like the Bay hone in on BitTorrent sources of audio and movie files. And, of course, those mainstream services which offer search functions more akin to the Bay - China's Baidu in particular - have also been targeted with legal action by the music business. But core to Kennedy's testimony was the text book record business argument. There had been a 38% drop in CD sales between 2001 and 2007. That was a period which saw a sharp rise in file-sharing. Music industry research shows a definite link between the two trends. File sharing - and The Pirate Bay in particular - costs the record companies money, which means less profits to invest in new talent. On that logic, Kennedy says, the 2.1 million euros in damages the record labels want from the Bay is justified and maybe even conservative". While trade bodies obviously can't use the kind of language employed by Abba man Bjorn Ulvaeus in his recent opinion piece on The Pirate Bay trial - in which he asked why is it "so damn hard to understand" that creative ideas only see the light of day when creators and their financial backers can be sure of payment, before concluding "Is it really so damn difficult to pay your way?" - Ulvaeus' more simplistic and brutal argument seems much stronger to me. That argument goes like this. Good content costs money to develop and distribute (less money than it used to, but it still costs mone). Most artists start off poor, they need a rich person (or company) to loan them the money. The investors will want to secure and profit from their investment. While there may be performance revenues to share in, intellectual property is a more secure security. Therefore, copyright enables the investment good content requires. A copyright is only of any value if the law provides an owner with the tools to protect it. Of course, given the intangible nature of copyright, you can only protect it to a point - at some point you have to draw the line and accept it's not commercially viable to block all infringement. But when a company or group of people launch and promote a website that exists primarily to enable others to infringe, and make no efforts - technical or communicative - to stop it being used for infringement, and if said company shows little interest in compromising with content owners to develop a licensed service, surely the law has to do something to stop them? Anyone from the prosecution in the Pirate Bay trial is welcome to use that paragraph in their summing up statement next week. I promise not to sue you for copyright infringement. The trial, meanwhile, continues. -------------------------------------------------- BURNHAM OUTLINES GOVERNMENT'S FIVE POINT PLAN FOR MUSIC Yes, the government has reversed its position on extending the copyright term - the UK will support European moves to increase the term from the current fifty years - but IP Minister David Lammy has made it very clear he's no interest in extending the term beyond 70 years (the industry wants 95 years), and that he's only doing it for the benefit of aging musicians; record labels he has little time for. And then there's the ISPs and internet piracy debate. While Burnham has been putting pressure on the internet service providers to take a more proactive role in policing online piracy, hinting at possible new laws to force them to take that role if they won't do so voluntarily, Communications Minister Lord Carter, in his much anticipated Digital Britain report, proposed the record industry sue anyone they suspect of file sharing. A strategy considered, adopted and then sensibly dropped by the UK record industry several years ago. But Burnham remains confident he's the man to help the music business survive these tricky times, and used the BPI/ACM event at the Houses Of Parliament this week to outline his five point plan to help the industry in the next twelve months. Though three of those points are basically educational initiatives which, while important, are hardly anything new, and with cross-sector trade body UK Music already developing a number of new education programmes, I'm not sure we need any more just yet. The other two points of the plan deal with the aforementioned 'big issues'. Copyright extension and piracy. On the first point Burnham reconfirmed the government's position. Lammy will support extending the European recording copyright when it reaches the EU's Council Of Ministers, though only to 70 years, and with stepped up measures to ensure musicians benefit most from the extension. With some European countries against extension, and others supporting the 95 years that EU commissioner Charlie McCreevy proposed and the industry is asking for, presumably Lammy sees his proposals as being a neat compromise. On the second point, Burnham turned attention away from the somewhat lacklustre recommendations in 'Digital Britain' regarding getting ISPs more involved in the fight against piracy, and instead stressed that this was also an international issue. Covering much of the same ground as at the Music Tank debate on the issue late last year, he said he would dedicate time in 2009 to speaking to his European and US counterparts He told the meeting: "I am working towards an international memorandum of understanding, it is time for much more serious dialogue with European and US partners. No solely national solution will work. It can only be durable with international consensus". He added that he hoped to use the global creative industries conference he'll stage in October (what he insists on called the "Davos for creative business", though with less snow presumably) as a forum for debate on this issue. Record labels would presumably like it if the French and New Zealanders got to speak most at any such debate, them being most hardline to date when it comes to forcing ISPs to act on online piracy, mainly by introducing the sometimes controversial three-strike system. -------------------------------------------------- BROWN/RIHANNA UPDATE Talking of that damaged career, rapper Flo Rida has dropped a highly anticipated collaboration with Brown from his upcoming album 'Roots'. The track, called 'Sweat', was likely to have been a single release off the album, and given Brown's popularity pre the Grammy weekend altercation should have delivered Rida a big hit. But he told reporters this week: "I recorded a great song with Chris. But I won't be releasing it now because of what's going on with him and Rihanna. It could have been my next No1". But more important than all of that, what does 50 Cent think about the whole Rihanna/Brown escapade? Well, the aforementioned photos of Rihanna have changed his attitude. Fiddy admitted he had made light of the couple's fight when news of Brown's arrest first broke, but says he's changed his ways since he saw pictures of the bruised singer on TMZ.com. Speaking to MTV, he said the incident initially seemed like something "you could use for humour", which is why he posted a short animated video depicted the pair as characters from the 'Street Fighter' videogame. But he adds: "I didn't have any information on it. You're just going on what the public actually had. It [the photo] shifts the whole thing. Even if you're saying you're in a dysfunctional relationship, I understand that. There's a point when you're already past a woman fighting you back. You look at [that photograph], and it's obviously past that point. There's some issues there that definitely gotta be addressed. Not to take any shots at Chris or Rihanna or take sides in any way, [but] it's really not cool. It's not funny anymore, so there will definitely be no more reference to that from me in any way". EMI SUE SEEQPOD Although SeeqPod's owners claim they are just a search engine which offers a useful content preview function - ie the player - which is technically speaking true, in reality the website provides a user-friendly one-stop player that taps into numerous illegal sources of music files (as well as some legal ones) for its content. Warner started legal action against the service way back in January 2008. EMI's action not only sues SeeqPod directly, it also names its CEO, founder and a major investor, Shekhar Lodha of eSynergi Ventures, in its legal papers. Not only that, but they are also suing another service called Favtape, which utilises SeeqPod technology to deliver music content. A spokesperson for SeeqPod said they still believe their service is legal, and that they will continue to operate and fight the action against them. -------------------------------------------------- FORMER TRINITY STREET DIRECTORS DENY COMPANY UNDER-PERFORMED UNDER THEIR LEADERSHIP As previously reported, David Robson and Andy Murray, who acquired Trinity Street back in 2004 and who formed an alliance with music investment firm Ingenious in 2007, were fired from the company and pushed off its board at the end of last year. They announced last month that they planned to sue the e-commerce firm's parent company, Trinity Universal Holdings, claiming they were unlawfully removed as directors in what they describe as a "boardroom coup". When Ingenious announced they were putting Trinity Street into administration earlier this month, Robson and Murray issued a statement saying their former company had been allowed to collapse after new managers put in place by the investment firm "failed to secure new business and allowed loyal, long-term clients to take their business elsewhere". Sources at Ingenious said Robson and Murray's claims were a "grotesque distortion", insisting that the plaintiffs had been removed because of concerns about Trinity Street's financial performance, and that since their departure a more thorough investigation had revealed the company's situation to be worse than originally thought, hence the decision to close it down. There are rumours the firm has debts to the tune of £5 million, much of that owing to Ingenious. But a spokesman for Robson and Murray has hit back, reaffirming the two former directors' original claims that the company was doing fine prior to their removal, and that they were unlawfully removed from the firm's board. Arguing that the £5 million in debts that has been rumoured relates to Ingenious' investment in the company, for which they receive equity, rather than actual debts, he told CMU: "As late as last month Ingenious, via their lawyers, confirmed [to Robson and Murray] that the company was solvent and also continued to positively represent the company's stability and future to clients since they took command of the company last year right up until unexpectedly ceasing trading on Friday 13 February". On the suggestion that their investors weren't fully aware of Trinity Street's financial position until after their departure, Robson and Murray's spokesman adds: "Since their investment in 2007, `Ingenious have had continuous financial visibility via their board position, management accounts and weekly reviews". So, very differing opinions on either side then. Our sources at Ingenious stand by their claims that Trinity Street was "under-performing" before the departure of Robson and Murray, and that that fact was the reason for them being removed. Expect some lively debate if and when the Trinity Two's lawsuit reaches court. -------------------------------------------------- BRITNEY'S EX CHARGED WITH VARIOUS ACTS OF VIOLENCE Britney ex Ghalib was charged with assault with a deadly weapon, battery and hit-and-run on Tuesday, the LA Country District Attorney's office has confirmed. All three charges relate to an alleged incident earlier this month when, it is claimed, Ghalib ran down a man who was trying to serve him with the restraining order filed last month by Spears' father. And just in case you're adding those charges together, the deadly weapon is his Mercedes and the battery is the act of hitting someone with his car. The victim apparently jumped onto the car as it came towards him and hung on as Ghalib swerved to shake him off, which he did, breaking the man's wrist in the process. Ghalib then drove away without stopping (there's the hit-and-run, you see?). Prosecutors have requested that bail be set at $110,000. If Ghalib is found guilty he faces up to seven years in prison. -------------------------------------------------- BRITNEY STYLIST TESTIFIES AGAINST LUTFI Romero claims that Lutfi spent three weeks over the Christmas period desperately trying to get information about Spears from her. She told the LA court yesterday: "Someone kept calling me from a private number... He said his name was Sam. He wanted information about Britney. He said he was on her side. I told him, 'Leave me alone, stop calling me'". She added that Lutfi sent her a number of text messages, protesting his innocence over his alleged part in her mental breakdown, one of which she alleges read: "Please relay the truth to her. I did not do this to her". Another stated: "I've done everything I can to free her from this. (I'm) very close to getting her free now". Romero says that she continually asked him to leave her alone, and ultimately informed Spears about his attempted contact on 27 Dec. Orders against Lufti, as well as ex-boyfriend Adnan Ghalib, as aforementioned, have been extended until 18 Mar. -------------------------------------------------- FIELDER-CIVIL BACK ON THE STREETS No word yet on whether or not he's beaten up any more pub landlords, though we've not heard from Al Murray for at least 24 hours. -------------------------------------------------- DMX FACING NEW CHARGES County Sheriff Joe Arpaio is said to have confirmed that Simmons was charged with aggravated assault this week. The altercation apparently arose because Simmons took a meal he was not supposed to take, as he was on a bread-and-water diet because of an earlier transgression. Which sounds quite archaic. Is that a widespread practice? Answers on a postcard, please. MGMT TAKE ON FRENCH GOVERNMENT MGMT's French lawyer told Le Monde: "It seems that those who led the charge against internet users are not the most respectful of copyright". He highlighted two meetings in January where the song had been used, as well as videos on the party's website, where the song was used without express permission from the band. Of course, the chances are that both the event and website were covered by blanket licences, which is normally the case when political types use music without an artist's permission. Certainly that's what the party's new secretary general, Xavier Bertrand, says. He responded to MGMT's complaints by saying that the use of the song was cleared with French royalty collection agency SACEM, adding: "The UMP is very respectful of copyright. Compensation has to be expected ... and we are presently looking at whether the band was fairly compensated". Given that when political parties use known songs it sort of implies featured artists endorse them, some reckon blanket licences shouldn't cover events or media staged or owned by political parties. FORMER BILLBOARD MAN DIES Jon Heasman, Ofcom's manger of commercial radio licensing, who worked with Mike at Billboard and Music and Media, is quoted by Radio Today as saying: "Mike was genuinely loved by all who knew him. He was a very warm, incredibly generous man who - above all - possessed an enormous sense of fun. He was a great journalist and, with his experiences drawn from both sides of the Atlantic, he was also a real authority on music radio, which was a medium he loved". MUSE, OASIS ARE NME AWARD WINNERS Dizzee Rascal and Calvin Harris, the latter the recent winner of the CMU sponsored Best Remixer award at the MPG Awards, won Best Dancefloor Filler for 'Dance Wiv Me', despite Harris not being invited to the NME's award show. On hearing of his win he Twittered: "What kind of award ceremony has you win an award yet still doesnt invite you? NME admit it you fucking love me. Would you have loved 'Dance Wiv Me' with no music? When's the last time an accapella got to no 1? Fucking 'Caravan Of Love'". I'm assuming there's some history here because earlier in the day Harris Twittered: "I am not going to the fucking NME awards. They didn't invite me because I am the worst producer on the planet and also a cunt, their words. I am a cunt but Swizz Beats is the worst producer on the planet". Back to the NME winners list, and in the silly section, The Jonas Brothers were pronounced Worst Band, as well as being responsible for the Worst Album, whilst hero and villain of the year were Barack Obama and George W Bush respectively. Best Venue went to the now closed though not quite yet demolished Astoria. As previously reported, The Cure were appointed this year's Godlike Genius, and they closed the show - which featured appearances from Elbow, Glasvegas and Franz Ferdinand - with a half hour set. The ceremony is to be broadcast on C4 on Friday. Your full list of winners goes like this: Best British Band: Oasis Best Track: MGMT - Time To Pretend Best Solo Artist: Pete Doherty Best Live Event: Glastonbury Festival Best TV Show: The Mighty Boosh Sexiest Male: Matt Bellamy from Muse Worst Dressed: Amy Winehouse Hero Of The Year: Barack Obama Phillip Hall Radar Award: The Big Pink -------------------------------------------------- STEVIE WONDER GETS LIBRARY OF CONGRESS AWARD Obama said of Wonder: "Stevie has always drawn on the incredible range of traditions in his music and from that he's created a style that's at once uniquely American, uniquely his own and yet somehow universal. Indeed, this could be called the American tradition - artists demonstrating the courage, the talent to find new harmonies in the rich and dissonant sounds of the American experience". He added: "I think it's fair to say that had I not been a Stevie Wonder fan, Michelle might not have dated me, we might not have married. The fact that we agreed on Stevie was part of the essence of our courtship". receiving his award, Wonder responded: "What is truly exciting for me today is that we truly have lived to see a time and a space where America has a chance to again live up to the greatness that it deserves to be seen and known as, through the love and caring and the commitment of a president - as in our president, Barack Obama". NEW MOBILE MUSIC CHART LAUNCHED Confirming the new chart, Charts Company MD Martin Talbot says this: "This new chart reflects the changing ways in which consumers are accessing and consuming music and underlines the Official Charts Company's commitment to offering data on all types of music consumption. 2008 saw the launch of the world's first Subscription Plays Chart in the UK - and 2009 will see the development of even more charts and data showcasing the fast-growing digital environment". In case you wondered, number one in the first mobile download chart is Lily Allen, which is interesting, because number one in the main download chart is Lily Allen, whereas number one in the overall singles chart is, erm, Lily Allen. "QUITE PSYCHEDELIC" KLAXONS ALBUM NEARLY COMPLETE Ford, who produced some of the album, told BBC 6music: "[The album is] kind of most of the way there. There's still some things to do, but it's gonna be really good, I think. They've tried to push forward, as they like to do, but also I think there's quite a lot of stuff that people would recognise as Klaxons on there as well". Ford said that he is also working on a new Simian Mobile Disco album with his cohort, Jas Shaw. He said: "The main thing I'm working on at the minute is obviously the Simian thing, because we want to get the record done. So, that's been the main focus but I've also done, recently, tracks with Klaxons and Florence And The Machine. What with that and touring, it's been keeping me pretty busy". -------------------------------------------------- YEASAYER GUITARIST WORKING ON NEW MUSICAL A spokesperson told Pitchfork: "The story revolves around an interracial love affair in a coal mining town around the turn of the century". In addition to this, Wilder is working with the rest of Yeasayer on the follow-up to their 2007 debut album, 'All Hour Cymbals'. News of which is seriously lacking on the band's recording news blog, here: odd-blood.blogspot.com NEW ENTER SHIKARI FOR FREE -------------------------------------------------- VON BONDIES ALBUM AND TOUR 23 Apr: London Kings College U2'S SPIDEY MUSICAL TO OPEN NEXT YEAR BELL X1 TOUR 5 May: London, Barfly -------------------------------------------------- YEAH YEAH YEAHS ANNOUNCE SOME GIGS Tour dates: 22 Apr: Manchester, Academy NEW UNDER-AGE SISTER FESTIVAL TO CAMDEN CRAWL -------------------------------------------------- T IN THE PARK, Balado, 10-12 Jul: The Streets, Ladyhawke, Foals and Florence And The Machine added to line up, headlined by The Killers, Kings Of Leon and Blur. GLADE FESTIVAL, location tbc, 16-19 Jul: Underworld added to the bill, BLOC Weekend curators to host tent. www.gladefestival.com SONISPHERE FESTIVAL, Knebworth, 1-2 Aug (and elsewhere in Europe on other dates): Bullet For My Valentine added to lined up, which already includes Metallica, Linkin Park, Alice In Chains, Avenged Sevenfold and Machine Head. www.sonispherefestivals.com ROSKILDE FESTIVAL, Roskilde, Denmark, 2-5 Jul: Oasis have been announced as headliners, line up already includes Coldplay, Slipknot, Madness and Marnie Stern amongst others. www.roskilde-festival.dk SOUNDWAVE FESTIVAL, Petrcane, Croatia, 17-20 Jul: Initial line up announced including DJ Yoda, Hexstatic, The Bays and Alice Russell. www.soundwavecroatia.com SINGLE REVIEW: Will Young - Let It Go (Sony/RCA) Buy from iTunes FORMER PINNACLE MAN GOES TO ESSENTIAL -------------------------------------------------- AIM EVENT LOOKS GLOBAL EMUSIC CONNECTS WITH FACEBOOK Announcing the new social networking add-ons, eMusic SVP Deirdre Stone told reporters: "Back in the day of the corner music store, word-of-mouth was one of the best ways to find out about new music. Facebook is the modern day equivalent and we want to empower the eMusic community to engage in this way. eMusic has always offered a richer experience than mass market digital music retailers, and integrating Facebook Connect will make it an even better place for fans to share information about their favourite music". GRADE PROPOSES AN ITV-C4-FIVE MERGER It's a radical plan, but then again Grade can be a bit radical when he wants to be. Such a move would, of course, need government backing, as it would technically speaking breach media ownership and competition laws. And BSkyB would be sure to lobby hard against the creation of a competitor as powerful as Channel-ITV-Four-Five. Especially given that their being forced to sell their share of ITV. Grade's radical plan is being mooted as he tries to make ITV's books balance in the face of a major advertising recession and growing competition for other digital services. As previously reported, Grade is expected to sell Friends Reunited and ITV's bit of the Freeview infrastructure, and then slash programme budgets and cut jobs, in a bid to make things add up. And even then he may still have to cut dividend payments to shareholders. Another radical plan Grade is reportedly putting about is for Channel 4 to become a wholly publicly funded enterprise - presumably funded by the licence fee - thus taking a major competitor for terrestrial TV advertising out of the marketplace. Though given the government's unwillingness to give Channel 4 bosses a share of the licence fee to supplement advertising and sponsorship revenues, they are unlikely to support those proposals. As previously reported, the government's recent Digital Britain report smiled on proposals for Channel 4 to either merge with Channel Five, or to forge a closer alliance with the BBC's commercial division BBC Worldwide, in a bid to overcome their future financial problems. Channel Four prefers the latter of those proposals, and is already in talks with Beeb Worldwide - with proposals that C4 buy Virgin Media out of the UKTV network, so that that becomes a C4/BBC joint venture, seen as a stepping stone towards the Beeb and Channel 4 launching a combined commercial broadcasting enterprise with public service objectives, assisted though not funded by the licence-fee funded main bit of the BBC. That said, the BBC Worldwide/C4 partnership is reportedly raising concerns among some political types, and a parliamentary report leaked to the Guardian opposes those proposals, saying it will make BBC Worldwide too commercially dominant and "aggressive". The report apparently suggests a number of new rules to restrict the operations and growth of BBC Worldwide, with or without a Channel 4 alliance. -------------------------------------------------- KAPRANOS RESIGNS AS GUARDIAN FOOD CRITIC Kapranos told the newspaper: "I remembered working in my first restaurant in Fort William when a chef asked, 'Hey, you want a slice of shark?' And my response was, 'Shark? What the fuck?' I figured it would actually be interesting to write from a naive perspective. [But] I had a couple of calls from TV stations asking if I wanted to present food programmes, and I thought, 'God, this has got to stop. This is not who I am'". THIS WEEK'S SUB.TV PLAYLIST A-List NASH AND JARMAN TO MARRY A source told the tabloid: "Both of them are very excited about the wedding but they didn't want any fuss. That's part of the reason why they decided to do it in America". -------------------------------------------------- HOOKY ON JOY DIVISION COVERS Hook told Filter: "The great thing about age is you end up taking your life in stride, so that has gotten easier. You learn not be too precious about it. Because of Ian's death I was more protective of Joy Division songs than with New Order. I was on a flight once and there was a French cover version of 'Love Will Tear Us Apart', and it was great. It's something I have gotten used to. A friend sent me a house remix of 'Love Will Tear Us Apart', that was just fantastic. It's when you get something that's so odd that works when it's great, but then there is as ugly side of it: cover versions that don't work". -------------------------------------------------- PET SHOP BOYS DON'T APPROVE OF BRITS Band mate Neil Tennant expressed his surprise at the accolade: "I didn't think we'd get it. EMI phoned and said, 'If they give you this award, (a) will you accept it? And (b) will you turn up?' I was impressed that that was how they still thought of us! When we got the award for 'West End Girls' in 1987 for best single, Chris didn't turn up". -------------------------------------------------- COWELL BETS ON MINOGUE'S X FACTOR RETURN Cowell told The Mirror: "As far as the judging panel is concerned, let's just say that if I was a betting man my money would be on Dannii returning to the show. She was great last year and I am adamant she should be there for the next series. All being well, pen will be put to paper this week". |
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