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CMU Info
Top Stories
MOS's website down as their lawyers go to the P2P courts
And now more ACS:Law stuff
George responds to jail rumours
In The Pop Courts
Britney's affairs to remain in dad's control
The Pirate Bay trial v.2: same old, same old
Photographer sues EMI over lost Blur snaps
Pop Politics
Waters denies Wall sequence is anti-semitic
Charts, Stats & Polls
UK digital album sales pass 50 million
Soundgarden's hits package goes platinum on day one thanks to Guitar Hero
Gigs & Tours News
Janelle Monáe to return to the UK
Sleigh Bells announce more UK tour dates
Festival News
Glastonbury sells out fast
The Music Business
Warner appoint new Aussie boss
Finetunes appoint new UK A&R
The Digital Business
Qtrax expands globally
The Media Business
Somethin Else shut Manchester base
And finally...
Noel Gallagher becomes father again
MC Chiddy and the problem with Wikipedia

Hey, hello. What have you been up to? I went and saw 'Back To The Future' in the cinema yesterday, which is something I urge all of you to do while the opportunity is available. It's such a great film. You probably already know that, but it's very much worth watching it on the big screen, even if, like me, you have already seen it on the small screen 1578 times. When not watching 80s movies, I also like to do music-related things. Things like these...

01: Chazzstock. Tonight is the big tribute gig for Charles Haddon, the frontman of Ou Est Le Swimming Pool who tragically committed suicide at the Pukkelpop festival in August. Performing at Koko will be Tony Hadley, The Kooks, Mr Hudson, Man Like Me, Kissy Sell Out, Nat Jenkins, Mpho and Daisy Dares You. The event will be hosted by Eddy Temple-Morris, who will be discussing the event and the issues surrounding it in his CMU column later today. The show is completely sold out, but even if you're not able to go please take the time to check out the two charities the night is supporting, Mind and CALM.

02: BMI Awards. US collecting society BMI will celebrate songwriter Don Black at its European awards event, which takes place in London tomorrow night at the Dorchester Hotel. Black will be declared a BMI Icon, an honour previously given to the likes of Donovan, Van Morrison, the Bee Gees, James Brown and Willie Nelson. CMU's Chris Cooke will be at the event, so expect a full report of goings on and a rundown of all the winners in Wednesday's Daily.

03: SoundBytes at the Lancaster Music Festival. Chris is going to be getting about a bit this week. On Saturday he will appear at a SoundBytes event in Lancaster as part of a panel discussion and Q&A session looking at issues affecting the grass roots music industry, and especially those involved in live. Joining him will be John Robb, Glastonbury's Ben Challis, Louis Barabbas of Debt Records and Jay Taylor from Manchester venue The Ruby Lounge.

04: New releases. It's really hard to pick one big release this week, there are so many good albums coming out. There are four excellent debuts for starters, with Tinie Tempah's 'Disc-overy', Magnetic Man's eponymous LP, 'Ring' by Glasser and 'The Golden Year' by Ou Est Le Swimming Pool. Also out now are Carl Barât's eponymous long player, 'Dust Lanes' by Yann Tiersen, Dermot O'Leary's 'Saturday Sessions' compilation, Andy C's 'Nightlife 5', Matador's 21st anniversary boxset, Rustie's 'Sunburst' EP, and, of course, Gary Barlow and Robbie Williams' new single, 'Shame'.

05: Gigs. Well, of course, our big gig of the week is Chazzstock tonight, which I've already mentioned, but also touring this week are Blood Red Shoes, Crystal Castles, Hurts, Mudhoney, Kate Nash, Korn, Yuck, Villagers, Mount Kimbie, plus The Posies will be playing a one-off show at The Garage in London tomorrow night.

So, enjoy your week, looks like it could be a busy one. Remember to leave room for CMU Weekly on Friday, which this week will feature a special In The City-themed Powers Of Ten playlist.

Andy Malt
Editor, CMU
The debut album by Oy, or Joy Frempong to use her unabbreviated name, 'First Box Then Walk', was released by Swiss label Creaked Records back in February, but only made it to my desk last week. Still, better late than never, because it's quite a find. At 26 tracks in length, it's not exactly short, but this allows Frempong space to indulge her wildly experimental temperament to its fullest.

Lyrically, the album is based on the childhood memories of her friends - the album's title relates to a girl who used to throw punches as she walked around corners in case she ran into a dangerous creature. However, the lyrics born of these stories aren't delivered in a childlike way, and when mixed with the sparse, experimental sounds of the music, this all makes for a bizarre atmosphere.


So, no surprises here then, the websites of both Ministry Of Sound and its lawyers Gallant & Macmillan are down as we write this report after they were named as the latest targets of a so called Distributed Denial Of Service attack by the pro-file-sharing community.

As previously reported, pro-file-sharing types in the 4chan community have been encouraging their users to do some DDoSing against those organisations who are involved in efforts to stop illegal file-sharing. US trade bodies like the Recording Industry Association Of America were among the first to be targeted, and then late last month London based file-sharing litigation specialists ACS:Law were hit, with hilarious consequences.

Ministry is a target because earlier this summer the company announced it was breaking rank with the rest of the UK record industry, which has generally shunned sue-the-fan litigation since 2006, and would be suing those it suspected of prolifically accessing music released on their record label via illegal online sources.

The label hired Gallant & Macmillan to pursue the litigation, and is due to go to court today to try to force ISPs to hand over the identities of those suspected of file-sharing, hence the timing of the DDoS attack. One assumes neither MOS nor Gallant & Macmillan would be stupid enough to publish private data relating to the accused while getting their sites back online, as ACS:Law did, though until they go to court today they don't actually have any such data to publish anyway.

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And so back to P2P litigators and data-leakers in chief, ACS:Law. According to TorrentFreak, the London legal firm was already on wobbly ground before the aforementioned data leak, one of the UK's biggest ever Data Protection Act breaches. TorrentFreak know this because they've been reading the emails of ACS:Law boss man Andrew Crossley, which were also published as part of the big data spill.

In public Crossley has always been very bullish about the performance of his legal practice, which specialises in targeting individuals suspected of illegally accessing content online with copyright infringement litigation and, some have claimed, in pressurising or embarrassing those accused into out of court settlements, turning such litigation into a revenue stream in itself rather than simply a means to protect intellectual property.

But emails leaked last week show that, after Which? magazine's previously reported criticism of Crossley and the resulting Solicitor's Regulatory Authority investigation into his operations, the legal man did start to worry about the future of his company.

According to TorrentFreak, Crossley wrote to an advisor recently: "I am worried about the latest developments. Apparently there are presently over 500 complaints against me thanks to the internet campaign and Which? Each complaint is essentially the same and they are borne out of a determination by some to stop legitimate steps being taken to curtail illegal file-sharing. However, I do not know how I can avoid being found guilty of something, with 500 complaints to choose from".

ACS's private emails also show that the legal firm was behind on paying many of its bills. Although that's not uncommon for small companies, the late payment demands unearthed have also revealed that internet service providers charge legal firms like Crossley's every time they are asked to provide the contact information of an IP address where illegal file-sharing has been spotted.

The courts which order ISPs hand over such information allow for the net firms to make an administrative charge, though the level of those charges are for the content owner, internet provider and their respective lawyers to agree. One ISP, Entanet, had told ACS it would stop handing over the details of suspected file-sharers because of unpaid admin fees.

Sky, the ISP whose users were most exposed by the ACS data leak, last week admitted to The Inquirer that it charged legal firms that it provided customer data to, but stressed it did not make a profit from such charges.

A spokesman said: "Sky has only disclosed account information to ACS:Law when served with a court order requiring us to do so. Because this process inevitably imposes a burden on ISPs' resources, the court has ordered that they should be entitled to recover the reasonable costs of complying. It is wrong to suggest that we have provided information for commercial reasons. This is simply a question of complying with a legally-binding Order and recovering the reasonable costs of doing so".

If you want to know more of the secrets contained within the leaked ACS:Law emails (though be warned, there are no major revelations other than those just mentioned) you can check the full TorrentFreak article at this URL:


As previously reported, although the music industry is most associated with sue-the-fans litigation, ACS:Law didn't work for any notable music companies.

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George Michael has published an open letter regarding all the rumours that have surrounded his short stay at her majesty's pleasure. The singer is currently in jail, of course, after being handed an eight week sentence in relation to his druggy driving, and the incident back in July when he drove his car into a branch of Snappy Snaps.

There have been reports from the inside of both Pentonville Prison, where he was initially jailed, and the lower security Highpoint Prison where he was moved to, of a tearful Michael shunning other inmates and their Wham-song puns, able to steer clear from other prisoners because of preferential treatment from jail bosses.

But in his letter Michael basically says "bollocks" to all that chat. He writes: "Much as I would prefer to rise above the usual rubbish that I'm reading day after day about my time here in prison, I think it's only fair to my fans, family and friends to respond in some way even though I will be home soon. So please believe me when I tell you that in the last three weeks, there have been no tears, no anxiety, no bullying - in fact, not so much as a sleepless night for me".

He continues: "On the contrary, I've been treated with kindness by fellow inmates and prison staff alike and, as far as I can tell, have received no special treatment of any kind whatsoever, unless, of course, some of the guys here are letting me win at the pool table. Most of my days have been spent reading thousands of letters and post cards of incredible support from people around the world. I promise to repay their kindness with new music as soon as I possibly can".

Although Michael was handed an eight week sentence, only the first four weeks of that was due to be served behind bars, meaning the singer could be released later this month.

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Britney Spears' personal and financial affairs will continue to be controlled by her father after an LA judge last week ruled that the conservatorship put in place in 2008 after the singer's loopy spell - or mental collapse, I should probably say - will stay in place.

Judge Reva Goetz made the ruling after an amicable closed doors meeting with Britney and her father Jamie Spears.

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So, The Pirate Bay appeal kicked off last week without any of the media hype that surrounded the original trial. Not that much happened in the first few days, which possibly explains why coverage has been limited to a few techie websites and one or two Swedish newspapers.

Of course, The Pirate Bay Four - co-founders Peter Sunde, Gottfrid Svartholm Warg and Fredrik Neij and chief funder Carl Lundstrom - were sentenced to a year in jail and ordered to pay mega-damages-payments for enabling mass copyright infringement in the Swedish courts last year. All four appealed their convictions more or less immediately, and the jail sentences and fines have been held off pending the appeals process.

Only Fredrik Neij and Peter Sunde showed up to the appeal court hearing last week, with Gottfrid Svartholm Warg apparently too ill to make the journey from his current home in Cambodia. I'm not sure Lundstrom's absence was ever conclusively explained, though it's possible I just wasn't paying attention when it was.

The first few days of the appeal saw legal reps for the Four re-present two of their key arguments from the original trial. First, that the running (and funding, Lundstrom's reps added) of The Pirate Bay was too shambolic for any one person to be held personally liable for the site's operations. All four were keen to stress they didn't really perform the formal roles they have been labelled with, Lundstrom particularly adamant he was never CFO.

And second, as the Bay never actually hosts any infringing content on its servers, the site's owners shouldn't be liable for any copyright infringement - liability should lie with the individuals who use Pirate Bay-supplied information or tools to actually file-share. This is a common defence when companies who aid P2P file-sharing are sued, though ignores the uncontroversial concept of contributory infringement.

In a video of an old interview with Svartholm Warg, shown to the court on Friday, he says he was advised early on that because the Bay didn't host infringing content the operation wasn't illegal, and it was on those grounds he continued to be involved. But receiving bad advice isn't really a defence for contributory infringement and, as previously remarked, by calling the service The Pirate Bay it is hard for any of the Four to say their service was mainly intended for use by grass roots content owners who actually wanted to file-share their work, as most other P2P service providers usually claim.

The case continues.

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You see, this couldn't happen these days, not since Terra Firma sacked all the cleaners so that there's so much rubbish and dust in EMI HQ, if Citigroup do send round the bailiffs next summer they won't be able to get in.

But once upon a time the London-based music major did have cleaning staff, albeit ones contracted from a cleaning firm, and sometimes said cleaners liked to bin valuable negatives that the record company was meant to be taking care of on behalf of leading pop photographers.

Well, that happened at least once. Pop photographer Paul Postle is suing EMI Records for failing to take good care of £170,000 worth of film and prints, mainly photos of Blur, and for failing to alert him to the fact said pictures had been lost.

According to the Telegraph, Postle owned the copyrights in the prints, but agreed that EMI should store them for easier access. The photos were then among others destroyed when three boxes of materials were put aside by an EMI archivist to be sent to a storage unit, but were actually thrown into a rubbish crusher and sent to the tip by mistake.

EMI claims that its staff member had clearly labelled the archived photos as not being rubbish to throw away, but that cleaners ignored the notice.

The pictures were apparently destroyed in 2001, but Postle only became aware of the loss when he was contacted by EMI lawyers in 2007 who had finally got round to suing the cleaning contractors and were trying to put a price on the Blur shots.

Under the so called statute of limitations, negligence claims must be made within six years of loss, meaning that EMI was suing at the last possible moment, and there wasn't time for the photographer himself to take action against the cleaning firm directly.

I'm not sure what happened to the EMI litigation, it may be ongoing, but according to the Telegraph, Postle is now suing EMI itself over the lost photos. The major has not yet commented on the new lawsuit.

For legal reasons, we must stress Terra Firma have not sacked all the cleaners so that there's so much rubbish and dust in EMI HQ, if Citigroup do send round the bailiffs next summer they won't be able to get in. In fact we made that up. Though now we've put the idea out there, look out for that memo.

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Roger Waters has responded to allegations that a visual sequence in his current 'The Wall Live' tour is anti-Semitic. The US-based Anti-Defamation League, which exists primarily to stop the defamation of the Jewish community, took offence at a video sequence played out during 'Goodbye Blue Sky' in which a B-52 bomber is seen dropping various symbols, including a crucifix, the star of David, a dollar sign and the logos of Shell and Mercedes.

Somewhat misunderstanding the point of the sequence - which I'm pretty sure was meant to show how major powers have a long history of inflicting themselves on less powerful nations to further their religious and commercial interests - the ADL said that by putting the star of David next to a dollar sign Waters was "dredging up the worst age-old anti-Semitic stereotype about Jews and their supposed obsession with making money".

Waters responded via an open letter, published in The Independent newspaper, saying that he felt compelled to say something to ensure the ADL's allegations didn't become to be accepted as fact. He wrote: "I watch the workings of politics here [in the US] and particularly the Republican Party. They work with the axiom that you can tell as many lies as you want - and often the bigger the better - and eventually they will believed. If I don't respond people will see the story and will come to believe I'm anti-Semitic, and I'm not. Nothing could be further from the truth".

He added that the symbolic bombs imagery was meant to be "representative of religious and national and commercial interests, all of which have a malign influence on our lives and prevent us from treating each other decently".

He went on to argue that he was a target of the ADL because of his past criticism of Israel's occupation of Palestine. He wrote: "It's a screen that they hide behind. I don't think they should be taken seriously on that. You can attack Israeli policy without being anti-Jewish. It's like saying if you criticise the US policy you are being anti-Christian. I'm critical of the Israeli policy of occupying Palestinian land and their policy of building settlements, which is entirely illegal under international law, and also of ghettoising the people whose land they are building on. It's that foreign policy I'm against. It's nothing to do with the religion".

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Over 50 million digital albums have now been sold in the UK, with digital now accounting for 20% of all album sales, according to stats published by the BPI and Official Charts Company last week. The record label trade body says these stats prove that the album format still has a role to play in the digital era, despite the huge iTunes-fuelled rise of single track sales in recent years.

Says BPI boss Geoff Taylor said: "Despite predictions to the contrary, digital albums have proved themselves a hugely successful format. Although digital downloads have boosted the singles market, many music fans want to hear a complete body of work from their favourite artists. Britain now boasts nearly 70 legal digital music services - more than any other country. Music fans are responding to the choice, convenience and value on offer from digital downloading".

He continued: "For digital to reach the 50 million milestone faster than the CD suggests to me that the confidence consumers have shown in powering digital singles to an all-time high is now also being displayed in the albums market".

For that guy at the back who just asked, here of the five biggest selling digital albums of all time, in the UK.

1. Kings Of Leon - Only By The Night
2. Lady Gaga - The Fame
3. Florence & The Machine - Lungs
4. Lily Allen - It's Not Me It's You
5. Mumford & Sons - Sigh No More

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The new greatest hits album from Soundgarden, 'Telephantasm', went platinum on its first day of release, which is sort of impressive, though the achievement is not the result of hundreds of thousands of fans rushing to their record shops to buy a copy, but because of one deal with games firm Activision.

Because, you see, as previously reported, the next edition of 'Guitar Hero' comes with the Soundgarden hits package bundled, and the Recording Industry Association Of America has decided to accept the one million copies of the album the games giant has bought as part of that bundling deal as one million record sales.

Says an RIAA spokesman: "These one million units, purchased by Activision are non-returnable and represent official sales of the album".

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I missed Janelle Monáe's show at Koko in London last month, and was a bit gutted when everyone who went said it was pretty much the best thing ever. Thankfully, she's coming back in December, playing two headline dates after she supports Vampire Weekend at Alexandra Palace. I will not be so foolish as to miss her again.

Tour dates:

3 Dec: London, Alexandra Palace (supporting Vampire Weekend)
5 Dec: London, Shepherds Bush Empire
6 Dec: Manchester, Academy 2

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Hurrah! Sleigh Bells will be back in the UK in November. They'll start proceedings by supporting the boss of their label, MIA in London and Manchester before making their way around the rest of the country alone.

The duo have also just released a video for their track, 'Infinity Guitars', which you can watch right here: link.brightcove.com/services/player/bcpid96372666001?bctid=620939580001

Tour dates:

10 Nov: London, Brixton Academy (supporting MIA)
12 Nov: Liverpool, The Kazimier
13 Nov: Manchester, The Warehouse Project (supporting MIA)
14 Nov: Mine Festival
20 Nov: Brighton, Audio
21 Nov: London, XOYO
22 Nov: Bristol, Thekla
23 Nov: Norringham, Bodega

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I think it's reassuring that we are back into a period where Glastonbury sells out almost immediately - I found that whole 'Glastonbury not selling out until the last minute thing' rather disturbing.

But yes, after the wobble of 2008, the uber-fest has fully regained its status as the music event that sells out in no time whatsoever, whatever the line up, with all 137,500 public tickets for the June 2011 event selling out yesterday within hours of going on sale, eight hours quicker than they did last year. The only way to get a ticket now will be to buy a return once they go on sale - registration for returns is now open on the Glasto website.

2011 ticket sales may have been further boosted by the fact 2012 will be one of Glastonbury occasional fallow years.

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Warner Music has appointed a former V2 top man to lead its Australasian operations, following the slightly controversial departure of Ed St John from the top job down under last month.

Tony Harlow has spent much of the last decade working in the UK record industry, initially as CEO of London-based indie V2 and then, after its acquisition by Universal, in that major's international marketing team and then its merchandising unit Bravado. He left Universal Music earlier this year.

However, Harlow has worked in the Australian industry before, having headed up EMI Australia for a time. Says Warner Music's Asia Pacific boss Lachie Rutherford, to whom Harlow will report: "Tony enjoys a well-deserved reputation in the Australian industry as a smart businessman with real entrepreneurial drive and creative talent management skills. He maintains strong relationships with artist managers and key media and I am confident he is the right leader for our hard-working, talented and dynamic team in Australasia".

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Hamburg-based digital distributor finetunes has announced the appointment of music journalist and dance music expert Joe Muggs to its UK team, where he will work as an A&R Representative specialising in electronic and dance music, and especially dubstep.

Says finetunes' UK boss David Balfour: "Joe is deeply respected in the electronic music world and has a proven ability to spot upcoming talent. Combining Joe's knowledge and contacts with finetunes' leading technology and digital music expertise will further strengthen finetunes' appeal for forward-thinking independent labels".

Muggs himself added: "It's a very exciting time for music right now, as the global success of dubstep creates opportunities for musicians of all kinds. I couldn't be more thrilled to be joining a company with the infrastructure and commitment to great music to help artists use these opportunities to build real, sustainable careers".

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Digital music service Qtrax has launched in beta in India, Singapore, Malaysia, Hong Kong, Australia and New Zealand, kicking off the rather odd legal file-sharing service's expansion outside of North America.

There has, of course, been much speculation about the future of Qtrax after its false start at Midem in 2008, and the subsequent much delayed international roll out. A lukewarm response to its DRM-heavy Microsoft-reliant platform and ongoing legal squabbles with technology partners Oracle haven't helped.

But, according to Music Week, Qtrax boss Allan Klepfisz was upbeat last week, saying: "Qtrax is beginning with a strong Asia focus. The opportunities in this part of the world are very substantial. There is massive music consumption, combined with fewer legal services. We are very excited about building our presence across Asian markets".

Further expansion is expected into South America and Russia, while the country's previously reported deal with controversial Chinese search engine Baidu is expected to result in a launch in China.

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Independent radio production company Somethin Else has announced it is shutting down its Manchester-based subsidiary All Out Productions, leading to three redundancies. The sixteen year old North West company made a number of programmes for BBC radio and podcasts for Channel 4.

Speaking to Radio Today, Ashley Byrne, from rival radio programme maker Made In Manchester, questioned the logic of Somethin Else pulling out of the North West just now, saying: "[They've] chosen to pull out of the North at a time when the area stands to benefit from the arrival of Media City UK".

He added: "The BBC Trust has just ordered an increase in indie quota, 5Live has launched a ring-fenced fund specifically to kick-start more independent radio production in the region and even the commercial sector is opening up to more indie commissioning".

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Noel Gallagher has become a father for the third time after his girlfriend Sara MacDonald gave birth to son Sonny Patrick on Friday. So, well done him and her.

Noel recently told reporters his planned post-Oasis solo career was on hold so he could take time to look after his new son, saying: "I'm not doing anything until well into next year; I'll be doing nappies and all that malarkey".

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Philadelphia-based hip hop duo Chiddy Bang last week told Aussie radio station Triple J about one of the down sides of having a good online presence back home where the legal drinking age is still 21.

Twenty year old MC Chiddy told the station: "We did a show with Big Boi from Outkast in Chicago and, what happens is a lot of times I'll DJ the afterparty. The dude who's running the event just came over and he's like, 'Listen, we've just had a look on Wikipedia and you're not 21, you're going to have to leave'. They looked up Wikipedia on us! And we're like, are you serious we just did this whole DJ set for you!"

No such problems down-under, of course, where not only is the legal drinking age eighteen but, I mean, has the internet even reached Australia yet?

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Andy Malt
Chris Cooke
Business Editor &
Caro Moses
Eddy Temple-Morris
Paul Vig
Club Tipper
Bob Crow
Taxi Account Manager

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