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![]() NO ONE WINS REALLY: TENENBAUM CASE UPDATE And while Tenenbaum's legal rep, Charlie Nesson, said he thought his client had won in the "court of public opinion", I'm not sure the defence can really be certain of even that. With Tenenbaum's long held resolve against the evil record companies, and Nesson's bullish pre-trial interviews, you expected the defence to wheel out some killer evidence that, if not getting the file-sharer off the hook, would at least give the record companies a PROPER bloody nose. And yet most of Nesson's defence case was a bit, well, haven't we heard all this before? Anyway, yes, the big Joel Tenenbaum P2P lawsuit reached its climax on Friday when, as expected, Judge Nancy Gertner ruled that the student was guilty of copyright infringement for sharing 30 unlicensed tracks via Kazaa, and asked the jury to consider what damages he should pay to the content owners. As previously reported, the size of the damages depended on whether the jury considered Tenenbaum's file-sharing to be "wilful". The range of damages available to the jury was wide, starting at $750 per track, going up to $30,000 per track, and up to $150,000 track if they believed the defendant did indeed wilfully infringe. The latter rate would have seen Tenenbaum ordered to pay a massive $4.5 million. Summing up, unsurprisingly, the defence again painted Tenenbaum as an otherwise good kid caught up in a dying industry's last bid to protect its intellectual property rights, while the plaintiffs wanted the jury to see the defendant as a persistent and uncaring infringer. According to Billboard, Nesson said: "this is a federal case, and what is it about? It's about a kid in his bedroom clicking on a computer screen, it seems out of proportion", while the RIAA's man remarked: "The defendant is a hardcore, habitual, long-term infringer who knew what he was doing was wrong, but did it anyway". In the end the jury opted for the more modest $675,000 - so $22,500 per track. It was an interesting figure in some ways. Under Gertner's definition as delivered to the court last week, Tenenbaum did wilfully infringe, yet the jury resisted the temptation to go for record breaking damages - the final figure is quite modest compared to the $4.5 million maximum, and even to the $1.92 million that other famous American file-sharer, Jammie Thomas, was ordered to pay in June. So not the major league damages the RIAA's legal reps were pushing for. Yes it's a huge sum of money for someone like Tenenbaum, who would have been originally offered a few grand out-of-court settlement. And it's much more than Nesson was angling for - at one point he suggested the labels get 99 cents per track, ie what they would have got had the tracks been sold on iTunes. Nesson wanted low damages not just to save his client money (and save him from the hassle of bankruptcy), but because he wanted the jury to say that, while Tenenbaum's file-sharing was technically speaking illegal, the law is an ass on this subject, the record companies are abusing that dodgy law, and a minimal payment would communicate that to the content owners, and the world at large. Which is why it's hard for anyone to claim success. The damages figure isn't headline grabbing for the labels, because it's a third of what Jammie Thomas was ordered to pay, but it's big enough for the industry to still be portrayed by the pro-P2P lobby as a bunch of money grabbing bastards. Tenenbaum, though, has not really embarrassed the record companies in anyway that they haven't been embarrassed before, and is left with the mess of having to find all that cash, or find a way of getting out of paying. All of which means this case only really showed us one thing - and we already knew that. Even when the law is clearly on the content owners' side, this suing the fans thing doesn't really help anyone but the lawyers - not the fans, not the labels. There has to be another way. Of course the RIAA have already realised that, which made continuing with the whole Tenenbaum thing extra silly. Both sides wanted the infamous 'sue-the-fans' era to go out with a bang. Neither side got what they wanted. -------------------------------------------------- NEW MOZART PIECES PERFORMED IN AUSTRIA Prior to their performance in Mozart's home (now a museum devoted to him) and played on his own piano, Dr Ulrich Leisinger of the organisation said that the two short pieces, written when Mozart was around eight years old, provided a "missing link" in the composer's development. Harvard professor, Robert Levin, told the BBC: "What the composer expects of the player in racing passagework, crossed hands and wild leaps is more than a bit crazy. I consider it quite credible that the movement was composed by the young Mozart who wished to show in it everything he could do". The two pieces were discovered in 'Nannerl's Music Book', a collection of music compiled by Leopold Mozart, Wolfgang Amadeus' father. Although written in Leopold's handwriting, Leisinger said that he believes they were transcriptions of music played by his son. He said: "This was a young composer running riot to show what he was capable of. The piece does contain real technical mistakes and clumsy moments that an old hand like Leopold Mozart would never have made". -------------------------------------------------- AIDE ADMINISTERED FATAL DRUG TO JACKSON, REPORTS CLAIM The source claims: "Murray would set up a system to give Michael a steady intravenous release of Diprivan [the brand name of propofol] through the night. But this time Michael woke up before Murray did and asked one of his aides for some Demerol. The aide gave it to him, but it was too soon after receiving the anaesthetic. That's what killed him". As previously reported, Dr Conrad is currently at the centre of police investigations into Michael Jackson's death, with many convinced that it was the injection of propofol twelve hours prior to the singer's death that had caused the cardiac arrest that killed him. However, if this latest claim is correct, it may absolve the doctor of directly causing his death. However, questions will surely remain over the drugs he was giving to the singer, and why the presumably non-medically trained PA would have such easy access to Jacko's high strength prescription drugs. Indeed, professor of anaesthesia Dr Barry L. Friedberg told People that he was shocked at the idea that anyone would be provided with a continuous propofol drip throughout the night without "a brain monitor and someone there who knew what they were doing", adding that doing so was "just begging for something bad to happen". -------------------------------------------------- FESTIVAL CANCELLED AFTER STAGE COLLAPSE The festival's producer, Larry Werner of Panhandle Productions, told reporters that a warning that a severe storm was heading towards Camrose near Edmonton, where the festival was being held, had been received at 5.55pm on Saturday. Two minutes later the show was stopped, just as country singer Billy Carrington was ending his set, but the storm hit seconds before an evacuation order could be announced. The winds brought down the stage, which crushed and killed punter Donna Moore and injured around 75 several others, including performers and crew. A tearful Werner said: "We worked with what we had to work with. I wish nobody was hurt. I wish it never happened". Asked what this meant for the future of the festival, which has been running for the last 17 years, he said: "I'm more worried about the people who were hurt". One of the survivors of the stage collapse, Maris Orydzuk, told CTV: "[After the storm started the] next thing I know there is like concrete, and there's something on my back. I can't see a thing. It was awful. I thought my life was ending because it was completely dark and black. There was a tiny, tiny hole that I crawled through". The remainder of the festival was cancelled as crews moved in to clear the wreckage of the main stage, although campers were allowed to remain on site. Police are also investigating the scene. -------------------------------------------------- CALVIN HARRIS BRANDS DANCE PRODUCERS "LAZY" Harris told The Daily Record: "In commercial terms, there is not enough dance music to maintain any sort of scene of any value or worth. There is so much amazing underground dance music that is coming out every day that is never going to be played on the radio. It's good noise but as far as commercial dance music goes, it has been bad for the last five or six years". He continued: "I just wish the bigger artists weren't so lazy. There are so many people capable of making massive tunes. It's up to them to sustain the scene they created. You've got to have these tunes to keep the underground music alive as well. Commercial dance music is a gateway for people to get into dance music they wouldn't hear on commercial radio". SLUM VILLAGE MAN DIES According to the Detroit Free Press, details of the cause of Glover's death remain unknown. His body was found in an apartment block in the city on Saturday morning. Further details are expected to be released by the Wayne County Medical Examiners Office later today. Glover had recently returned to Slum Village, having left the group in 2002 after being diagnosed with schizophrenia. He had been a founder member of the group in 1996 with fellow rapper T3 and producer J Dilla (who died in 2006). After leaving the group, he continued to record and perform as a solo artist before reuniting with T3 and newer members Illa J and Elzhi last year to perform on the group's forthcoming new album 'Villa Manifesto', which is due out next month. Most recently he had appeared in the video for Slum Village's latest single, 'Cloud 9'. T3 said in a statement: "Baatin will be missed. I'm glad we got a chance to work together before he passed. We lost another Slum soldier, a dear friend and a brother. He touched many lives". Glover is survived by his two children, his parents, and three siblings. RED HOT CHILI PEPPERS COME BEARING BAD NEWS Smith, who is currently working with rock super-group Chickenfoot and the painfully self-indulgent Bombastic Meatballs, told Billboard: "Everybody was like, 'Y'know, I really like having this time off, not being a Chili Pepper and doing other things'. It'll be two years in September, so now we're ready. You can't force people to play when they don't want to play or aren't ready to play or whatever - not in our band, anyway". He said that the band would reconvene in October to continue diluting any good work the band may have done previously. Well, those weren't his exact words. -------------------------------------------------- AC/DC TO SPLIT? Johnson told Classic Rock: "We were talking about the end of the tour and I said, 'We're finishing in May - and that's me done'. But [guitarist] Malcolm [Young] said, 'What are you talking about? We're not gonna let you retire!' [But] I don't want people to see me onstage and say, 'Oh, poor old fucker, the band's carrying him. I try to keep myself fit and I love being in this band, but the other lads are in their early fifties. I'm the old dog in the regiment". -------------------------------------------------- WYLDE STILL IN THE DARK OVER OZZY SNUB Wylde told Oregon's 101.5 KFLY radio station: "The boss [Ozzy] hasn't even given me a phone call, so I mean... I'm just like... I don't know what's going on over there. Are we doing this thing or are we not doing it? When I keep getting asked these questions, I go, 'Call the boss. When he tells you, then he can call me back.' I mean, it's just like... I love you, man. Whatever you want, that's cool. But if we're doing this, let's do it, and let's whoop some ass. But if you don't wanna do it, then just give me a heads-up. Call me, man. Tell me what the hell's going on. I don't know what the hell's going on over there". He continued:"We're working on the new record, we'll be back in September, we'll work on finishing the record. And then we're supposed to do the tour. I mean, it's like, dude, you don't wanna play with me anymore? Fine. Play with whoever the hell you wanna play with. I couldn't give a rat's ass. Like I'm gonna get all jealous or whatever. But you know what?! Man up and give me a phone call and tell me what the hell's going on. You finished with me? Cool". TOMMY LEE SIGNS TO ROADRUNNER IMPRINT Talking about the deal, Tommy Lee said, rather excitedly: "I'm so fucking pumped! I've signed with my friends at Roadrunner/Loud & Proud. What a perfect home for my second Methods Of Mayhem record. We're about to do what no team has ever done before... buckle up and hang on kids!". Loud & Proud president Tom Lipsky added: "Some artists put it on cruise control once they achieve success. And then there are rock stars like Tommy Lee. He works hard, plays hard and always looks to challenge himself and his audience. His second Methods Of Mayhem record is going to shake things up once again". EXTRADITION ORDER ANNOUNCE ALBUM You can hear the entire album via the handy stream at the band's microsite on the I Blame The Parents website here. If by some bizarre act of nature you're allergic to streaming music, you can also download MP3s of the album's opening and closing tracks, 'Atticus' and 'Marriage' below. AMANDA BLANK TO PLAY HOXTON Amanda will release her new album, 'I Love You', via Cooperative Music on 14 Sep. You can download the aforementioned 'Might Like You Better' and a couple of other tracks from RCRD LBL, here. ALBUM REVIEW: James Lavelle - GU37: Bangkok (Global Underground) Buy from iTunes SUNN O))) SOUNDTRACK JEANS ADVERT Watch the advert here: www.youtube.com/watch?v=BxjGPRPODyc NEW LICENSING VP FOR SINATRA COMPANY She'll work alongside Warner's Rhino division in her new role, and may get involved in licensing projects for other Rhino legacy artists. Confirming the appointment, FSE co-chairman Scott Pascucci told reporters: "Bob [Finkelstein] and I are very pleased to have Sara on the team. The Sinatra family are delighted to welcome her style and ability to create new opportunities within the Sinatra legacy". Nemerov might want to start off by trying to persuade closing companies to use Sinatra's rendition of 'My Way' as they bite the dust. The office of the UK's House Of Lords Appellate Committee, which made its last rulings last week before it gets replaced by a new kind of supreme court (the previously reported Procul Harum ruling being the last big one), recorded their final public information message on its main phone line with the Sinatra classic in the background. As the message reached its conclusion the office's staff all joined in. What a nice touch. Though those involved in Sinatra's recordings - or the songs he performed - might want to wonder: given they spent their last few days considering a music rights case, the HoL office was presumably licensed to include 'My Way' on their voicemail yes? -------------------------------------------------- SONY SALES DECLINE BAY TO APPEAL OVER DUTCH RULING The ruling was made in response to litigation filed by anti-piracy foundation BREIN against the Bay's founders. TPB's founders had previously said they were not given any notice of the legal action against them, and a BREIN spokesman said on Friday that he'd been told they now planned to appeal the ruling. It remains to be seen if continued legal attacks against TPB by the content industries [a] actually result in the site being closed and [b] have any impact on the plans of Swedish company GGF to buy the Bay and make it legit. ORION'S GLOBAL DEAL DONE Confirming the Global/Orion deal had been finalised, the boss of the former, Ashley Tabor, told reporters: "We are delighted to have completed this deal with Orion Media and Phil Riley, who will be great owners of these fantastic stations. We are pleased that the Heart brand remains on air in the East Midlands, where audience numbers are going from strength to strength. In addition, Orion has appointed Global Radio to represent their stations commercially to national advertisers and their agencies, a great reflection of the strength of Global's commercial team". Riley added: "I'm delighted that the deal has now completed, and that we as Orion can start working with the talented teams at the stations to grow them and enhance their position in the Midlands media landscape. It promises to be a really exciting next few years!" CHART UPDATE New entries on the singles chart this week come from John Barrowman with 'I Made It Through The Rain' at 14 (mainly, I think, due to a campaign by Chris Moyles to get him to number one) and drum n bass type Sub Focus with 'Rock It/Follow The Light' at 38. Sean Kingston also moves up to 29 from 56 with 'Fire Burning', and Flo Rida leaps from 98 to 40 with 'Jump (feat. Nelly Furtado). In the album chart, Michael Jackson holds fast at number one for the sixth week in a row, the fifth for 'The Essential Michael Jackson'. This pushes Jackson's record sales (both singles and albums) up over 2 million in the UK since his death. New entries on the album chart come from A-ha at five with 'Foot Of The Mountain', 'The Essential Alison Krauss' at 13, 'The Best Of Chicane' at 14, and Reverend & The Makers' second album 'A French Kiss In The Chaos' at 19. The charts are converted from meaningless numbers into exciting stats by The Official Charts Company. BLUE BUS TERROR A spokesperson for the band said: "Lee would have almost certainly been mowed down by the bus if Simon hadn't acted so quickly". An eyewitness told The Sun about the dramatic incident, saying: "Simon was quick off the mark. He threw Lee and Sara out of harm's way, just before the bus smashed into the car's open door and ripped it clean off its hinges". This begs two questions: Why were they standing in the road? And was the bus aiming for them? |
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