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![]() THE PIRATE BAY: LOADS OF APPEALS IN SWEDEN... OK, The Pirate Bay, right? Earlier this year the three men behind the rogue BitTorrent tracker and search service, along with their primary funder, were, of course, found guilty of contributory copyright infringement in the Swedish courts and were ordered to pay big bucks in damages to the content industries as well as each spend a year in the slammer. Shortly after the ruling, the Pirate Bay's main legal man - Per E Samuelsson - announced his clients would appeal. But he also accused the judge from the first case - Tomas Norstrom - of bias, and applied to have his ruling set aside, necessitating a retrial (ie the first case would be heard again from scratch, rather than having an appeal hearing to consider Norstrom's original ruling). But Norstom's colleagues ruled that, while the judge was a member of two pro-copyright organisations, he wasn't biased in original trial. Norstom had earlier argued he only joined said organisations so to be better informed on copyright issues ahead of the Bay trial. So the first case stood, and we all expected the matter to move on to the appeals court. But then Samuelsson said he thought two of the three judges due to hear the case in the appeals chamber were biased too, because they both belonged to pro-copyright groups. He applied to have those judges removed from the hearing. But the chief appeal court bods disagreed with the lawyer re the claims of judicial bias. So now the appeal hearing could go ahead, yes? No. Because Samuelsson took the matter to Sweden's Supreme Court, asking the top court to consider both the alleged bias of Norstrom in the original trial, and the alleged bias of the judges due to hear the appeal. You're keeping up, right? Well, this week the Supreme Court ruled on whether they would consider Samuelsson's bias claims. And they said that while they were not willing to consider the bias claims against Norstrom (basically bringing to a close any efforts to have a retrial rather than an appeal hearing on the case), they would hear Samuelsson's claims regarding the two pro-copyright appeal court judges. That they would consider the bias claims in the appeal court's case but not in Norstrom's case seems a bit odd, but I'm sure they had their reasons. Anyway, all this means that there now has to be a Supreme Court hearing about the appeal court's ability to hear the appeal of the original case without bias, before said appeal can be heard by the appellate judges. All of which means all of this is definitely going to drag someway into 2010. And if Samuelsson has his way there will probably be a lifetime of technicalities for the Swedish judiciary to consider, by which time we'll have probably all forgotten what the internet was. The Swedish authorities have not enforced the custodial bit of the Bay Four's sentence, and presumably won't do until any appeal hearing has taken place. Meaning that, if they think there's a high chance they'll lose their appeal, it's in the Four's interest to keep all this tangled up in legal technicalities for as long as possible. -------------------------------------------------- ...NONE IN THE NETHERLANDS Reps for the Bay subsequently picked holes in BREIN's claims, mainly arguing that the site's three founders didn't technically speaking own the service so shouldn't be targeted personally for any infringement the Bay enabled. However, in October another court ruling was issued ordering the Bay to remove any links to unlicensed content on its site, within the Netherlands at least. The court said it would fine the website's owners 3000 euros for every day they failed to comply. The Bay has not complied, or commented really, but BREIN said yesterday that the service had confirmed it had no plan to appeal that ruling. Some wonder if that's because the Bay recently turned off the tracker part of its service, and perhaps folk in charge of the Bay (whoever they are these days) feel that is enough to comply with the Dutch ruling. Though Team Bay did say they were turning off their tracker because it was no longer required for BitTorrent sharing, not for copyright reasons, and anyway the search engine bit of their service, which is still live, is just as liable for infringement claims. The boss of BREIN, Tim Kuik, says the lack of an appeal from the Bay suggest to him that, despite past protestations, the service's founders have realised they have no defence to the infringement claims. The anti-piracy body therefore see the development as a mini victory. Still, the Bay is still live and helping file-sharers all over the Netherlands, and beyond, access unlicensed content. And the men who are now racking up fines of three grand a day? Well, no one knows where they are. -------------------------------------------------- VIRGIN'S DOWNLOAD SERVICE MAY OFFER A LARGE PLATEFUL OF MUSIC RATHER THAN ALL-YOU-CAN-EAT As previously reported, Virgin announced earlier this year plans to launch a Nokia Comes With Music-style download service, whereby people can download as many tracks as they like for a set subscription fee (monthly in Virgin's case, whereas with Nokia you get twelve months access with each new phone). The big difference between Virgin's version of the all-you-can-eat-model and Nokia's existing offer is that the former would let you download MP3s with no digital rights management, while the Nokia system locks tracks to the mobile or PC they are downloaded to. An all-you-can-eat MP3 service would be pretty radical, but Virgin's plans were backed from the start by Universal Music, so it's not entirely unrealistic. However, it's widely known that getting the other three majors on board has proved rather tricky so far, meaning original plans for an Autumn 2009 launch had to be scrapped. Of the three other majors, EMI has proven most amiable, insiders say, though their proposal is that the number of tracks subscribers would be able to download in any one month should be capped, which would basically mean Virgin's revolutionary new download platform would just be a rework of the existing eMusic model, who allow users to download a set number of MP3s per month in return for a set monthly fee. Still, eMusic is still primarily an independent label-based service, and an eMusic-style offer involving new music from all four majors as well as the indies would still be very attractive. Which is very possibly EMI's argument. Plus if the cap was quite high - say 100 tracks a month - for most people that would be as good as unlimited, because realistically most users, certainly after a couple of months, will probably only download a few albums worth of music each month, something Virgin and Universal's figures for the all-you-can-eat offer presumably rely on. Officially, Virgin say that their talks with the majors and indie label digital body Merlin are ongoing, and that they are still pursuing their original plan, to offer unlimited MP3 downloads. However, a source at Universal has told New Media Age that a capped model is much more likely to happen, and that those behind the new Virgin service are now expecting that to be the case, at launch at least. As previously reported, Virgin's download offer would be bundled into to its internet and cable telly packages. As part of their label deals, the ISP would take on more responsibility for combating online piracy, them probably being the most supportive net firm with regards the music industry's efforts to stop file-sharing to date. MACCOLL CAMPAIGN DISBANDS In a statement, Justice For Kirsty, which was launched by MacColl's mother Jean Newlove and who convinced authorities to reopen the case in 2004, said: "We are not able to bring any more pressure on the Mexicans than we have achieved already". Boathand Cen Yam, who is said to have been driving the boat, was convicted of negligent homicide in 2003, fined £61 and ordered to pay damages to MacColl's sons, who witnessed the accident. But no charge has ever been brought against the boat's owner, Guillermo González Nova, who was also aboard with his family, despite the fact that the boat was being used illegally on a National Park lake. It is Nova the campaign was seeking to have convicted. Continuing its statement, Justice For Kirsty said: "The committee was successful in achieving most of its aims. The Mexican government was compelled to re-open its enquiries after pressure from the campaign and the British government exposed the clumsy cover-up that followed the accident. In the unstable circumstances in Mexico in recent years, it is unlikely that any more could be achieved: the case has been re-examined very thoroughly". Despite the closure, Newlove will continue to work to raise awareness of the campaign's key issues. JOHNNY HALLYDAY HOSPITALISED MOST POPULAR CAROL REVEALED Explains Official Charts Company MD Martin Talbot: "Carols are not generally released as singles. It has only been with the advent of the download that consumers have been able to cherry pick tracks from digital albums and reveal their favourites. The fact that 'O Holy Night' has beaten more familiar carols such as 'Silent Night' and 'Away In A Manger' is something of a surprise, although its success is driven by the fact that popular mainstream singers such as Celine Dion, Aled Jones and Katherine Jenkins have recorded new versions over recent years". In other chart news, Band Aid 20's slightly rubbish version of 'Do They Know It's Christmas?' has been named the most popular Christmas-themed single of the decade, beating The Darkness' also rather mediocre 'Merry Christmas (Don't Let The Bells End)'. The original Band Aid came in at eighteen. Top ten carols (downloads only) Top ten Christmas singles of the decade (digital and physical formats): PEGGY SUE SIGN TO WICHITA You can get a free download of one the songs from the album, 'Hatstand Blues', in exchange for your email address at www.peggywho.com MACHINE HEAD BEGIN WORK ON NEW ALBUM Flynn told About.com: "We're going to jump right into it. We just had three months off, which was the first big break we've had for this album. We have a month off after this before the Europe stuff. We're ready to get into it. We took those three months off and started writing a little bit at the end. I totally got the bug. 'The Blackening' cycle has been such an amazing moment for the band, and it was cool to say we're moving on from this. When we started writing it was on to bigger and better things. As much as this moment meant, it's cool to see what we can accomplish next. I'm super-excited about writing this new record". He also said that the band will release a DVD next year, made up of footage filmed over the last four years, from writing 'The Blackening' through the recording and the epic round of touring the followed the release. -------------------------------------------------- KRAFTWERK NOT RETIRING PORTISHEAD RELEASE NEW TRACK FOR AMNESTY back to top FUCKED UP KNOW IT'S CHRISTMAS As well as the members of Fucked Up, Yo La Tengo, GZA, Vampire Weekend's Ezra Koenig, Bob Mould, Tegan & Sara, Andrew WK, TV On The Radio's Kyp Malone, comedian David Cross and Broken Social Scene's Kevin Drew also appear on the track. Fucked Up frontman Damian Abraham said in a statement: "It's hard to find a balance between the song being a fun, playful holiday classic and the reason we're putting it out, to benefit organisations dealing with a deadly, serious issue". Buy the track from iTunes here. -------------------------------------------------- MACCABEES RELEASE ROOTS MANUVA COLLABORATION Guitarist Felix Roots apparently had Roots in mind for the track when they were originally recording it, but only thought to mention it in an interview after the album's release. Luckily for him, Roots saw the interview and got in touch. The track, retitled 'Empty Vessels', is available on iTunes now, and will be released on 12" vinyl by Fiction Records on 1 Feb. -------------------------------------------------- MJ HIBBETT RELEASES CHRISTMAS SINGLE Anyway, take a look right here: www.mjhibbett.net/christmas.htm RIHANNA ANNOUNCES UK TOUR Tour dates: 7 May: Birmingham LG Arena ------------------------------------------------- NANCY ELIZABETH, JAMES BLACKSHAW AND HAUSCHKA TO TOUR Here are the tour dates: 10 May: London, The Barbican ------------------------------------------------- MIIKE SNOW UK TOUR DATES Tour dates: IRON MAIDEN AND RAMMSTEIN TO HEADLINE SONISPHERE Announcing their appearance, Iron Maiden's frontman Bruce Dickinson told reporters: "Knebworth has been the home of so many legendary concerts going back many years it really will be a privilege to play there. We enjoy the camaraderie of playing great festivals and are very much looking forward to getting back out to do some shows next summer and, as it will be over two years since we played the UK, we will certainly be looking to deliver a memorable and spectacular night for our fans!" Rammstein added: "The great support that we've experienced from the UK fans, especially since the release of the 'Mutter' album in 2001, has been beyond anything we expected, and now to be asked to headline at a location such as Knebworth, with its legendary status and rich history, adds another exciting chapter to this story. This will be the first time that Rammstein has appeared at a festival or played outdoors in the UK, which makes the whole event even more special for us. We are looking forward to putting on a show that no one will forget!" Tickets are available now. More information from www.sonispherefestivals.com ------------------------------------------------- NEW BUTLINS-BASED FESTIVAL ANNOUNCED ------------------------------------------------- COMEDY AND TUNES AT ALTFEST Two of our favourite stand-ups - Andrew Maxwell and Marcus Brigstocke - are heading up next year's edition of Altitude, a comedy and music and snow fest which takes place in Meribel in the French Alps. Other comedy names already confirmed for the fest are the very fine Colin Murphy, the legendary Steven Frost and the brilliant Craig Campbell. Music-wise, on the bill so far are Newton Faulkner, those wonderful Cuban Brothers, another CMU fave DJ Yoda and the mighty Dub Pistol-in-chief Barry Ashworth. It all takes place from 20-26 Mar, info here www.altitudefestival.com, press info from Get Involved. MIDEM MANAGEMENT LINE UP MIDEM 2010 takes place from 23-27 Jan in Cannes. -------------------------------------------------- MUSEBOX'S GUIDE TO DOING SXSW The workshop is being run by New York-based music marketing agency TheMuseBox, whose founder Nadine Gelineau will lead the proceedings. MTV UK's David Morgendorff is among the other industry dudes who will speak. It all takes place at The Monarch in Camden on 15 Dec at 7pm. SxSW 2010 takes place from 17-21 Mar, just in case you're counting. SINGLE REVIEW: New Young Pony Club - Lost A Girl (The Numbers) 'Lost A Girl' sounds like it was written and recorded in about five minutes, but in a good, effortless-pop kind of way. The vocals are as brilliantly bored as you'd expect, the gothic bassline has that Peter Hook sound that all good alternative records in the early 80s had, whilst the icy Numanoid synths wafting in and out could teach La Roux a thing or two. Oh, and there's a proper chorus too, you know, like they used to have in the old days and stuff. In summary then - good pop tune, available free and in time for Christmas. What more could you want? Download it for free from Monday at www.newyoungponyclub.com. MS Release date: 14 Dec Buy from iTunes HMV APPOINT NEW ONLINE MARKETING HEAD Confirming her new role, Hughes told reporters: "I learned much during my time at Amazon and thoroughly enjoyed the experience of working with such a talented and dedicated group of people However, the exciting opportunity presented by HMV to help further develop its online presence was one I felt I simply couldn't miss. I'm really looking forward to getting started and working with such a wonderful brand and with the great team they have there". MIDGE URE INVOLVED IN LATEST NEW BAND SITE So, not an entirely original concept then really, though Ure seems confident his service can help plug that gap that is growing in the industry, whereby cash strapped record companies want bands to be a little bit more established before they invest any money in them. Introducing the new service, Ure told reporters this week: "As soon as Napster was launched, it was clear that the industry was about to suffer. Now, ten years on, we can all see the effects: major labels don't have the money to invest in as many new acts anymore. They are taking fewer risks and as a result, new music is being crushed. There's no long-term investment in bands anymore. Gone are the days when majors can stump-up large advances and take on 20-odd bands in the hope that one will make it. And the few acts they do invest in are given their fifteen minutes of fame to prove their existence. If they don't come up with the goods, labels chuck the baby out with the bathwater. But without nurturing the fresh talent that's out there, new music won't get heard and the business will kill itself off". So how will Tunited help? The new service's boss Matt Stanley explains: "All artists' music will be easily accessible through downloading and streaming, with all profits going to the artist. [Meanwhile,] Tunited's charts will then help A&Rs and fans to find the cream of new music". Hmm, yes, as we say, not all that original then. But still, it will be interesting to see if Team Tunited offer anything unique or innovative in their realisation of the unsigned band plugging platform concept. Meanwhile the people behind the service are looking for a hundred bands to be available as the site goes live next year. Given there will presumably be a little bit of industry-targeted hoo haa around the launch, if you're an unsigned band it is probably worth being on there at the launch. Ure, Stanley and friends will select the first 100 from any who upload some music at www.tunited.com before midnight Friday. So don't go saying we didn't tell you. -------------------------------------------------- EMI AND IODA SIGN UP TO GUVERA Here are some quotes. Claes Loberg, Guvera CEO: "I am excited to announce two new music content deals with EMI Music and IODA, helping to build anticipation for brands and consumers for the official 2010 launch. With music companies like IODA, which represent independent content owners around the world, and EMI Music, another major music label on board, Guvera will allow advertisers to offer the world's most engaging content to their target customers without disrupting them with ads, but rather creating brand experiences within channels that offer specialised content". EMI Music Global Head Of Digital Business Development Mark Piibe: "Brands increasingly recognize how powerful our artists' music can be in creating strong, emotional connections with consumers. We believe Guvera's approach can offer a compelling experience for fans and new revenue opportunities for our artists". IODA big cheese Kevin Arnold: "We are impressed by Guvera's unique approach to the concept of brand channels. By tailoring music to brands instead of just placing ads around music, Guvera creates a new way to meet the goals of all parties involved. Guvera's experience provides an alternative for consumers looking to legally download music. We look forward to bringing this opportunity to our clients as Guvera's first digital distributors". SANTA STREAM GOES LIVE ON DAB Personally, I find the noises coming from Santa's workshop a bit disturbing, but in case you're concerned about any invasion of Team Santa's privacy here, the people behind the stream issued the following statement from the man himself: "Children across the UK will love tuning in to hear the sound of Lapland as I prepare for Christmas Day. The great thing about digital radio is that it makes a superb Christmas present for friends and family and provides a brilliant choice of radio stations all year round". Hmm, is it just me or does it sound like Santa's getting a bit of a back hander from the people behind digital audio broadcasting there? Still, times are hard for all I guess. You can hear the slightly creepy Santa stream at www.radiolapland.co.uk THIS WEEK'S STUDENT RADIO CHART WOOD AND IVANOVA SPLIT -------------------------------------------------- CROUCH TO GET DANCE LESSONS FROM HAMMER |
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