JACKSON DOCTOR WAS DESPERATE AND DEVASTATED: MURRAY TRIAL UPDATE
The emergency room doctors who tried, very much in vein, to save the life of Michael Jackson on 25 Jun 2009 were yesterday the latest to testify in the trial of Conrad Murray, the medic accused of causing the late king of pop's death by negligently administering the drug propofol.

Richelle Cooper, an ER doctor at the UCLA Medical Center, told the court that, despite her team working for sometime to resuscitate the singer, "Mr Jackson died long before he became a patient I was personally responsible for". Her colleague, cardiologist Thao Nguyen, confirmed that efforts to save Jackson once he'd arrived at the hospital were pretty futile, while adding that by this point Murray was pretty frantic, that he "sounded desperate and looked devastated", and that he pleaded with hospital staff to continue trying to revive his patient.

Lawyers for both sides then questioned Cooper and Nguyen a little about the propofol, both witnesses having confirmed that - as with the paramedics - Murray failed to inform the ER team that he'd given Jackson a shot of the powerful drug that morning. Though Cooper did add that, by the point the singer reached hospital he was already dead, and therefore being informed about the drug would have made little difference.

The prosecution asked Cooper about the more usual use of propofol. She confirmed that when she uses the powerful anaesthetic there will be a doctor and nurse on hand, and that equipment will be used to monitor the patient's heart and breathing. Paramedics have already confirmed no such equipment was available at Jackson's home where Murray administered the drug. "Have you ever heard of propofol being used outside of a hospital in someone's bedroom residence?" enquired Deputy District Attorney David Walgren of Nguyen. The reply: "That would be a first. I never heard of that".

Speaking for the defence, J Michael Flanagan asked Cooper about the affects a relatively small dose of propofol would have, Murray having only admitted to administering 25mg of the drug. Cooper told the court: "If it did achieve sedation, I would expect if he didn't have any medical problems, within seven to ten minutes it would probably be worn off".

It's believed that question is a forerunner to the excuse Team Murray will use as to why the doctor failed to tell other medics about the drug on the day of Jackson's death. Of course, the prosecution reckon his silence on the matter was the sign of a guilty conscience, the doctor immediately realising he had acted negligently and trying to cover his tracks. But the defence are now expected to say that Murray had administered such a small shot of propofol, a good hour before Murray found Jackson had stopped breathing, that he believed it was no longer relevant because it would have been "out of his system" by that time.

The Murray defence, of course, will argue that a desperate Jackson must have taken another shot of the drug, possibly orally, while his doctor was out of the room, and that it was that helping of propofol that killed the pop star. Because Murray did not know about this extra shot at the time, the defence will say, he didn't know to tell paramedics and ER staff about it.

There was, in theory, time for Jackson to help himself to more of the anaesthetic because a rep from Murray's phone provider was also in court yesterday to testify that the doctor had made and received various phone calls between 10.45am, when it's believed he administered the propofol, and 11.56am, when he realised Jackson wasn't breathing. The defence will use that fact to prove Jackson had the opportunity to OD behind his doctor's back. The prosecution will argue that the fact Murray wasn't monitoring his patient throughout that time period was, in itself, an act of negligence.

The case continues.

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SUPREME COURT REFUSES TO REVIEW ASCAP'S DOWNLOAD ROYALTY CASE
The American Supreme Court has refused to hear an appeal by US publishing rights collecting society ASCAP who have been, somewhat optimistically, trying to convince judges that there should be a performance royalty paid on downloads.

As previously reported, just over a year ago a US appeals court backed a lower court ruling that said that, under the definition of 'performance' in US copyright law, it is impossible to say a download constitutes a performance. The case began with a squabble between ASCAP and a mobile firm, so specifically focused on ringtones, but the principle applies to all downloads.

Of course, while ASCAP says the ruling is unfair on its members, who won't get a share of download and ringtone revenues as a result, that's not strictly true. While a performance royalty is not paid on downloads, a so called mechanical royalty - such as that paid to songwriters and their publishers by record companies when they sell CDs - is due. It's just that in the US, performance and mechanical royalties are paid via totally separate organisations, the latter handled by bodies like the Harry Fox Agency. So most ASCAP members will be getting their mechanical royalties from another source.

In its appeal to the Supreme Court ASCAP argued that, among other things, refusing to recognise downloads as a performance put the US copyright system out of kilter with other systems elsewhere in the world. But Supreme Court judges refused to review the case, saying they were happy with the appeal court's ruling that "music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener".

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JUDGES ANNOUNCED FOR WELSH MUSIC PRIZE
Organisers of a new prize to recognise Welsh music talent have announced their judging panel for year one. It will include Ashli Todd of Spillers Records, the BBC's Bethan Elfyn, the NME's Mike Williams and freelance journalist Jude Rogers, Coda Agency's David Exley, Festival Republic's Neil Pengelly, Moshi Moshi Records' Stephen Bass, Eat Your Own Ears' Tom Baker, NXNE's Yvonne Matsell and Dai Davies, a member of the Arts Council Of Wales and a Governor at the Royal Welsh College Of Music And Drama.

Commenting on the panel, Radio 1's Huw Stephens, a co-founder of the Welsh Music Prize, told CMU: "The judges for the Welsh Music Prize this year have been approached because of their active and important roles in the world of music promotion, management, nurturing and support. Each judge brings an expertise and a credibility to the Prize, and each judge will be asked to pick their favourite album from the shortlist. The judges are as varied as the albums nominated, and we look forward to the outcome on 21 Oct".

The shortlisted albums for the Prize are as follows:

Al Lewis - In The Wake (ALM)
Colorama - Box (See Monkey Do Monkey Records)
Funeral For A Friend - Welcome Home Armageddon (Distiller Records)
Gruff Rhys - Hotel Shampoo (Ovni/Turnstile Music)
Lleuwen - Tan (Gwymon)
Manic Street Preachers - Postcards From A Young Man (Sony)
Stagga - The Warm Air Room (Rag and Bone Records)
Sweet Baboo - I'm a Dancer/Songs About Sleepin' (Shape Records)
The Blackout - Hope (Cooking Vinyl)
The Gentle Good - Tethered For The Storm (Gwymon)
The Joy Formidable - Big Roar (Atlantic Records)
Y Niwl - Y Niwl (Aderyn Papur)

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BROKEN SOCIAL SCENE LIVE UP TO THEIR NAME
Broken Social Scene are, er, breaking their social scene. By which I mean they're splitting up. Or going on hiatus at least. The loose collective announced that they were going to go their separate ways back in August, but played their final show on Saturday.

Speaking to the Huffington Post co-founder Kevin Drew (one of the band's two permanent members with Brendan Canning) said: "There's no bad blood, no problems, everyone is at peace. We've had a lot of inter-relationships, some have worked, some haven't. But we all loved what we were doing. And I think we were always fair".

He added that he would consider relaunching the project at some point, but perhaps not to make a record: "I don't want to dilute what we've done, but I'd like to find other ways of telling the story of our band".

The group has featured contributions from many of Canada's indie elite since forming in 1999 of course, including Leslie Feist, Emily Haines of Metric, members of Do Make Say Think, and more. Their last album, 'Forgiveness Rock Record', was released last year.

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RAMONES BASSIST TURNED DOWN INVITATION TO JOIN METALLICA
Former Ramones bassist CJ Ramone has revealed that he was asked to join Metallica after Jason Newsted left the band in 2001 but was forced to turn the offer down.

Ramone told The Great Southern Brainfart: "I was approached about joining Metallica not once but twice. When Jason first left the band they approached me. [Then] a while had gone by and they were having a hard time finding someone, so they approached me again. At the time my son had been diagnosed with autism and there was just no way I could leave him".

He continued: "Johnny [Ramone] was actually the one who hooked me up with the audition because he was friends with [Metallica guitarist] Kirk Hammett. I talked to my son's doctor and explained the opportunity and that I could bring my family out on the road and even hire a nurse. The doctor just told me that my son needed to wake up in the same place every day, he needs to have meals at the same time every day and he needs to go to school everyday and be around other kids. He said that anything other than that could be a detriment".

Saying he was "honoured" to have been asked, he added: "I have no regrets. [But] it would've been great to play with Metallica after being in the Ramones. Jesus, that would be just like a too-perfect life".

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UNIVERSAL EXTENDS DEAL WITH JOY DIVISION
Universal Music Publishing has extended its worldwide administration deal with Joy Division, and will now represent the full catalogue of songs the band created during their four years together.

Speaking for three quarters of the seminal band - Bernard Sumner, Stephen Morris and Ian Curtis (or rather his widow Debbie) - Rebecca Boulton of Prime Management told CMU: "Universal Music Publishing has helped bring the catalogue to a larger audience in a credible and sensitive way. We've worked closely with them over the last five years and are really happy to be extending this enjoyable and fruitful relationship".

While band member four, Peter Hook, added: "Universal have worked really hard on our behalf. They are as passionate and enthusiastic about our music as if it was written yesterday. A great compliment. Thank you to Darryl and all at Universal Music Publishing".

And the Darryl there mentioned, Universal Publishing Senior A&R Darryl Watts, said: "Joy Division are one of the most iconic bands that the UK has ever produced. Their legacy and influence on contemporary music is huge and we are delighted to be able to represent such a important catalogue".

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RADIOHEAD STREAM FULL TKOL REMIXES, BOOK BOILER ROOM SET
The full nineteen-strong set of remixed tracks from Radiohead's 'The King Of Limbs' (as drip-fed in pairs since July) is now available for streaming over at The Hype Machine. The two-disc compilation, entitled 'TKOL RMX 1234567', is slated for release on 10 Oct.

Thom Yorke et al are also due to take over Ustream TV site Boiler Room, broadcasting direct from an invite-only event at London's Corsica Studios. Yorke will DJ alongside guest 'TKOL' remixers Jamie XX, Caribou, Ilium Sphere and Lone. Tune into the Boiler Room site at 8-11pm on 11 Oct to experience the show in all its secondary glory.

hypem.com/search/Radiohead

boilerroom.tv

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RUSTIE STREAMS DEBUT ALBUM
CMU Approved production force Rustie is streaming his debut album, 'Glass Swords', prior to its proper release via Warp on 10 Oct. A far-reaching odyssey of retro-modern sounds and samples, industrial synth clashes and indisputable grooves; Rustie's handling of his myriad tools and techniques is masterful throughout.

As hosted by the Guardian, find the full 'Glass Swords' stream here: www.guardian.co.uk/music/musicblog/2011/oct/03/rustie-glass-swords

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DEFTONES TO RELEASE LIMITED EDITION VINYL BOXSET
Deftones have announced that they are to release a limited edition boxset, featuring all six of their studio albums plus their Record Store Day covers compilation on vinyl. Entitled 'Deftones: The Vinyl Collection, 1995-2011', it will be limited to 1000 copies and only be available from deftones.com and becausesoundmatters.com.

Each record will be pressed on 180g vinyl, re-cut from the original master recordings, and will feature a unique lithograph and cover art.

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HUDSON MOHAWKE ANNOUNCES LIVE DATE
Hudson Mohawke is poised to play a show at London-based live hotspot XOYO, presumably to celebrate the fact that his latest EP, 'Satin Panthers', is out now and garnering a glut of great reviews. Perhaps he'll preview tracks from a TBA second album, the successor to his 2009 debut 'Butter', during the performance, you never know. Well, you will if you make it to the show, of course.

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PETE TOWNSHEND TO DELIVER FIRST EVER JOHN PEEL LECTURE
Pete Townshend will give the first ever John Peel Lecture, a new event that aims to become an annual institution at the radio industry's big conference, the Radio Festival.

Staged in association with BBC 6music, which will broadcast the speech, Townshend will consider how artists can prosper in a digital age where people want music for free, and whether the internet is better or worst than traditional radio at championing the sort of artists John Peel would have played on his legendary radio show.

Or, in the words of the BBC press release: "In an age of free downloads and a disposable attitude to music, can creative people earn a living, and without radio, how can the 'unpolished' music that John Peel championed find an audience?"

The lecture will be introduced by Peel's son Tom Ravenscroft, and will take place on 31 Oct, on the first day of the three day conference.

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UNIVERSAL INDIA ANNOUNCES TIE UP WITH TICKETING FIRM
In the same way that Universal's recent tie up with Live Nation in the US will likely result in various direct-to-fan services, enabling artists and rights owners to more easily bundle tickets, content, merchandise and CDs, the major's Indian division has announced a new alliance there with a ticketing firm called KyaZoonga.com. That partnership will utilise KyaZoonga's direct-to-fan relationships in India, offering consumers physical and digital products from Universal artists as well as tickets.

Says KyaZoonga.com co-founder Neetu Bhatia: "We're delighted to be forming this path-breaking partnership with Universal Music Group that not only continues to build on our momentum and strengths in entertainment and sports ticketing, but also helps us connect artists and fans in India like never before. The music market in India is evolving fast and so are its consumption patterns. We wish to be at the forefront of delivering these products and services so as to drive significant value to and a direct connects between customers and artists alike".

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RHAPSODY BUYS NAPSTER
US-based digital music service Rhapsody has announced it has acquired its rival Napster, creating, presumably, Napsody. Actually, the once infamous digital music brand Napster is likely to be phased out in the US market, though may continue outside America where Rhapsody itself has never launched.

Rhapsody, of course, was the music service created by Real Networks, later a joint venture with MTV, before being spun off as its own company last year. After the original Napster file-sharing company went bankrupt amidst mounting legal problems, the name was eventually bought by Roxio, which launched it as a legit download service. US retailer Best Buy bought the company in 2008.

Both Rhapsody and (the legit) Napster have been primarily based around a subscription model since the word go, rather than being an a la carte download store. Although in the US such subscription services enjoyed more success than in Europe, they were nevertheless hugely overshadowed by iTunes-style businesses, and iTunes itself in particular.

However, as streaming music has become more viable and more popular in recent years, both Rhapsody and Napster have capitalised on - albeit with mixed results - the opportunity to re-hype themselves as the original subscription based digital music platforms.

The exact terms of Rhapsody's takeover deal are not known, though its thought the Napster service will basically cease to exist in the US, with its users moved over to Rhapsody. Best Buy will get a stake in the Rhapsody company.

Although it's not known how many paying subscribers Napster currently has in the US, it will certainly help Rhapsody retain its status as the biggest music subscription service in America in terms of paying customers.

Simply by having been around so long - and thanks to some other similar acquisitions in the past, in particular of a Yahoo! service in 2004 - Rhapsody still has a considerably bigger membership than any of its newer rivals, though, of course, the much hyped Spotify is seeing both its free and paid for subscriber base in the US grow much faster than any of its competitors have ever achieved.

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NEW LOOK MUSIC-FOCUSED MYSPACE SET FOR 2012
So, MySpace is going to relaunch in 2012 and, as expected, will become almost exclusively a music service. Or at least that's what Tim Vanderhook, the boss of the one time social network's new owners Specific Media, seemed to say at a press conference in New York last night.

Vanderhook, whose Specific Media specialises in online advertising, used NYC's Advertising Week to reveal his plans for the flagging website, though his presentation wasn't the grand relaunch we had originally expected back in August, rather confirmation a new music-focused MySpace was in the works, probably for early 2012 release. Vanderhook basically said more time was needed, because this time he wanted to launch a new look MySpace that actually works. Which is fair enough.

We've heard rumours MySpace will try to move into Bandcamp/Topspin territory, providing tools to help bands monetise their content. While Vanderhook wasn't that precise, he did indicate that independent bands would be a key target for the new site, an audience he feels former owners News Corp underappreciated (although, to be fair, MySpace's last upgrade under News Corp did add a whole load of new functionality specifically aimed at that audience, albeit once most bands had switched their allegiances to Facebook, Twitter and their direct-to-fan provider of choice).

But it won't just be unsigned bands. Vanderhook seems keen to push the major label licensed streaming music service hidden away under the MySpace Music banner to the front, arguing that his company - unlike News Corp and, for that matter, most other streaming music businesses - can make an ad-funded on-demand music service viable. He says he reckons News Corp hid the streaming music simply because it made a loss they couldn't afford to sustain.

The Specific Media chief was certainly bullish, even if his business model is based on two questionable assumptions - that grass roots bands are still interested in using MySpace to engage fans, and that he really can do what many others have failed to do, make ad-funded streaming music work. But, he reckons, MySpace has better label deals and artist relationships than anyone else, which is why it can still succeed.

According to Billboard, he said: "No other company has the rights MySpace has. Nobody has the relationships we have with the four major labels, the catalogue of 25,000 independent artists and 42 million songs. If you take Facebook's music announcements with Rdio, MOG and Spotify and you aggregated all those services up and took their audio catalogue, it's not even half of what MySpace has".

Bold words. Of course Specific Media does have one very important artist relationship, with MySpace's new Creative Director Justin Timberlake. He was in attendance for Vanderhook's presentation - ensuring a media presence - though the Specific Media chief insisted Timberlake's role was creative and strategic, he wasn't just a poster boy to ensure Apple/Facebook level hype for future MySpace announcements. Even if he does, indeed, deliver that.

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RIHANNA'S FARMER TAKES HATE MAIL IN HIS STRIDE
The farmer who told off Rihanna for removing her clothes in one of his fields has been receiving hate mail from the pop star's fans. Well, of course he has. Thank God it wasn't Chris Brown he scolded for a lack of garmentary, or he'd be dead by now.

But Northern Irish farmer Alan Graham, who allowed Rihanna to record a video on his land but objected when she stripped off, is taking it in his stride, though he has admitted that all the attention he's been getting since the story broke has been distracting him from his harvest.

He told The Sun: "I'm taking it all in my stride, it'll soon die down. To be honest, all this fuss has kept me back a bit. I've got straw to harvest that I haven't been able to finish yet".

Still, and Rihanna fans take note here, Graham has nothing bad to say about the popstress who he'd never heard of until he had to tell her to put some clothes on. "I'd love to have her back", he told the tab. "She was lovely and gracious when I spoke to her. Just as long as I know what she's wearing before the visit!"

In fact, so great is Graham's new found appreciation of Ms Fenty that he's thinking of bestowing on her the greatest honour of all. From a farmer. He concluded: "Maybe I'll name a type of grain after her".

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TUPAC SEX TAPE REPORTEDLY SURFACES
Back when Tupac Shakur died in 1996, we lived in a different world. Celebrities only had to do the thing they were famous for and say the odd controversial thing in interviews. They were simpler, happier times. Since then, any celeb worth their has had to get themselves a sex tape if they want to stay relevant. Sadly though, Tupac is dead and it's been too long for something like that to turn up unexpectedly. Or has it...

According to TMZ, a Shakur sex tape, dating from 1991, is being prepared for release as we speak. The site claims that the five minute video shows the rapper receiving oral sex from a woman, but it stops just as "it appears he's ready to begin sexual intercourse" (the insinuation being that there could be a longer tape). Digital Underground's Money B also appears in the video and just to prove it's the real deal, and unreleased Tupac track plays in the background. Because, as we all know, no new Tupac release is worth anything without a bit of previously unheard music.

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