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![]() ![]() NET FIRMS GIVEN CHANCE TO APPEAL JUDICIAL REVIEW OF DEA As much previously reported, the two net firms want judges to send the DEA's copyright provisions back to parliament for reconsideration based on claims that the three-strikes style system the Act introduces breaches various bits of European law. At the initial judicial review hearing back in April judges rejected most of BT and TalkTalk's arguments, but the net firms appealed. Their first request for an appeal hearing was knocked back, however, back in June, but, nothing if not persistent, the two companies made a second application for an appeal hearing, and that was granted last week. That means that BT and TalkTalk's case will again be heard in court, this time by a panel of three judges, who will decide whether the original judicial review was right or wrong to dismiss the net firm's concerns regarding three-strikes and European law. At least one of the judges this time will have experience ruling on European law matters, which The Guardian says has increased BT and TalkTalk's confidence in their case. Even if the two ISPs are not successful at appeal, it is likely to further delay the launch of three-strikes in the UK, which is currently set to begin - with the sending of warning letters to suspected file-sharers - in early 2012, almost a year behind the original schedule. -------------------------------------------------- CITIGROUP COMMITTED TO SELLING AS NEW BIDDER ENTERS RACE FOR EMI As previously reported, after a relatively high number of bidders came forward for Warner Music earlier this year, Citigroup was hopeful that there would be a similar bidding war for EMI, forcing up the asking price. But most non-music company bidders, including various private equity groups, have decided not to bid, leading to speculation the US bank might hold off actually selling now, and wait for the wider economy to recover. However, if the Mail's sources are to be believed, that is not likely to happen, and a sale could be complete by the end of the month. As the deadline for final offers passed last Wednesday it was thought five maybe six groups were still bidding, the Universal, Warner, Sony and BMG music companies, Ronald Perelman's MacAndrews & Forbes and, maybe, a consortium led by Ron Burkle. Though on Friday a seventh bidder appeared on the scene at the very last minute, a consortium led by James Caparro, a one time senior exec within both the Universal Music and Warner Music empires, who for much of the last decade has been working in music distribution. Caparro has a company called Yamani Global Equities, which has teamed up with private equity types Alliance Warburg Capital Management, seemingly to bid for the whole of EMI. In a press release announcing his intent to bid, Caparro said: "This is the first step in the execution of our turnaround plan to guide EMI's assets through the integration of our five prong revenue model that will lead the company into providing consumers and customers with music and entertainment services utilising 21st century technologies". Sounds like fun. Some are wondering whether Caparro, who, as far as everyone is aware, has made no previous attempts to approach EMI about a bid, and therefore hasn't had access to the information about the company shared with other bidders, can enter the race so late in the day. Reuters also noted that it's rather rare for companies to issue press releases announcing their intent to bid for a company, especially when any formal talks between sellers and buyers are usually covered by Non-Diclosure Agreements. But, if this is a serious bid, it does add an interesting new element to this long, drawn-out story. Elsewhere, there were reports this weekend that Warner Music might withdraw its bid for the EMI companies, though that does seem to be because parent company Access Industries and its owner Len Blavatnik are getting impatient regards just how long and drawn-out this story has been. Though, that said, given Citigroup has indicated it is now looking to close a deal pretty damn quickly it seems unlikely Team Warner/Access would step back just yet, more likely the Russian billionaire was indicating that if the US bankers were to postpone a sale for another six months he'd withdraw from the bidding permanently. ![]() ![]() MICHAEL SAID "GIVE ME 'MILK' SO I CAN SLEEP": MURRAY TRIAL UPDATE In the interview, Murray discusses Jackson's use of the surgical anaesthetic, which, the doctor tells officers, the singer called "milk". Speaking calmly throughout, Murray explained that "after joining his team, I fell into a situation of caring for a gentleman who wanted regular, daily propofol. That was not my purpose for joining his team". Murray says that he was trying to wean Jackson off the drug, banning him from self-administering it, and using smaller doses. However, the singer was still taking propofol on an almost daily basis to help him sleep. Most of that we already knew, despite not having heard directly from Murray yet during this trial. So much so, the doctor's description to police of what happening in the hours leading up to Jackson's death was arguably more interesting, mainly because it conflicts in some ways with the evidence already shown by the prosecution in the case. Murray told police that on the morning of his death Jackson had begged for a shot of propofol to help him sleep, saying to the doctor "Please, please give me some milk, so I can sleep". Having already tried other sedatives, Murray complied with Jackson's requests. Then, he told police, "I watched him for a long enough period that I felt comfortable, then I needed to go to the bathroom so I got up and went to the bathroom. Then I came back to his bedside and was stunned in the sense that he wasn't breathing". Of course phone records show that Murray spent much of the hour between administering the propofol and discovering Jackson wasn't breathing checking emails and talking to his girlfriends on his mobile, despite the fact in hospital someone receiving propofol would get constant monitoring (Jackson's room, as previously revealed, had no heart or other monitoring kit). The police recording seems to show that Murray lied about his actions prior to his patient's death, something which again - the prosecution would argue - shows the medic realised he had acted negligently and was trying to cover up his failings. Murray, of course, claims that Jackson administered the fatal shot of propofol himself. The case continues. Elsewhere in Murray news, the Sunday Mirror focused on the doctor's financial problems this weekend, noting that the doctor's Las Vegas home was recently repossessed and sold for half the sum he originally paid for it. He is also in dispute with a former partner over child support payments. Murray's financial woes are partly down to his legal fees, and partly because of a slump in his income as a doctor since Jackson's death. Elsewhere in Jackson news, the big tribute show in Cardiff honouring the late king of pop went ahead relatively smoothly on Saturday, despite a headline act dropping out and the planned Facebook webcast being cancelled in the days before the event. Although backed by some of the Jackson family, other siblings of the late king of pop criticised the timing of the show, in the midst of the Murray trial. The Michael Jackson estate also distanced itself from the concert, which they felt was unfairly profiting off the singer's legacy. Although some of the profits will go to charity, it's not clear what portion, and that's assuming there are profits given there were 10,000 unsold tickets on Friday and, even if those were all sold on the day, that still left the upstairs portion of Cardiff's Millennium Stadium empty. Still, the fans seemed to have a good time, and were particularly excited when the three Jackson brothers backing the show, and later MJ's three children, appeared on stage. -------------------------------------------------- C-MURDER'S LAWYERS PUSH FOR NEW TRIAL As previously reported, Miller was accused of murdering sixteen year old Steve Thomas at the now closed Platinum Club in Harvey, Louisiana in 2002. The teenage hip hop fan was shot through the heart while being beaten by a group of men at a rap concert. The rapper has always maintained his innocence, but was initially convicted of the crime in 2003. The conviction was overturned a year later when a judge ruled that prosecutors had improperly withheld background information on three eyewitnesses, but he was convicted again in 2009 after a second trial. Last Wednesday lawyers for Miller told a judge that their client was unjustly convicted because the prosecution failed to present any DNA or fingerprint evidence. According to WENN, attorneys said: "Not one piece of physical evidence directly linking Corey Miller to the shooting [was presented]. The irreconcilable tales of two flip-flopping, deal-driven and reluctant [to testify] witnesses is the only evidence propping up the state's case". The judge hearing last week's arguments will now decide whether to let Miller's murder case go back to court for another hearing. -------------------------------------------------- BEYONCE ACCUSED OF DANCE MOVE PLAGARISM According to AceShowbiz.com, Keersmaker wrote on a Danish blog: "I didn't know anything about this. I'm not mad, but this is plagiarism... This is stealing. They took pieces from 'Achterland' and 'Rosas danst Rosas'. It's a bit rude, I must say. What's rude about it is that they don't even bother about hiding it. They seem to think they could do it because it's a famous work... Am I honoured? Look, I've seen local school kids doing this. That's a lot more beautiful". However, while admitting she and Beyonce viewed a number of existing dance pieces before devising the 'Countdown' vid, hence the possibility of a few moves influenced by Keersmaker's work, the video's co-director Adria Petty insists that the overall choreography of the promo is original. Speaking to MTV, she says Beyonce and her team developed significantly any specific elements taken from other pieces, while adding that "German modern-dance references" were actually the greatest influence over all. Although choreography is generally covered by the dramatic copyright, it looks unlikely Keersmaker will take any action besides blogging her disappointment. EUROPEAN PARLIAMENT COALITION ADOPTS PIRATE PARTY COPYRIGHT POLICIES The Swedish branch of The Pirate Party, which advocates radical reform of copyright law, won two seats in the European Parliament in 2009, and those MEPs subsequently allied with the Greens/European Free Alliance, a coalition of political groups mainly representing environmental concerns or the interests of ethnic minorities. Although only the fifth biggest coalition in the Parliament, the Alliance did have the most gains in the most recent European elections. Although its policies are not limited to intellectual property matters, it is The Pirate Party's views on copyright that are perhaps best known. Its copyright policies include a reduction of the basic term of rights protection to five years, extendable to 20 years on registration. Also noting that its sister organisation in Germany recently won seats in the Berlin state parliament, UK Pirate Party leader Loz Kaye told The Inquirer: "With the recent election victory in Berlin and now the Green EU Block adopting key Pirate Party positions, the movement continues to grow in its influence. This is because of the strength of our ideas. There are real challenges to digital rights world wide - site blocking, '[three] strikes' laws and [global intellectual property law treaty] ACTA - and people are looking to us to stand up to the industry lobbyists. It's vital that we work at an international level to combat these threats to the open web". He added: "Every country with a Pirate Party presence is a country where digital rights, our right to a shared culture and civil liberties, are put firmly on the agenda. Here in the UK, we plan to follow up on our meeting with [the government's culture minister] Ed Vaizey to continue to point the government in the direction of digital inclusion, rather than crackdowns like the Digital Economy Act. The time of the big media lobbies having it all their own way is over". FORMER WEEZER BASSIST MIKEY WELSH DIES Born in New York in 1971, Welsh played with a number of Boston-based bands in the 90s, eventually joining Juliana Hatfield's live band, and playing on her albums 'Bead' and 'Juliana's Pony: Total System Failure', co-writing several tracks on the latter. In 1997, he began performing as part of Rivers Cuomo's backing band at the Weezer frontman's solo shows, where he was testing out songs written for 'The Green Album'. When Matt Sharp left Weezer in 1998, Welsh was hired to replace him as bassist. As well as recording on 'The Green Album', Welsh was also a part of the band for most of their touring activity to promote it. However, drug use along with undiagnosed post traumatic stress syndrome and borderline personality disorder took their toll on him. Back in Boston during a break from touring in 2001 he attempted to commit suicide by taking an overdose. He then spent time in a psychiatric hospital. Having left Weezer, he briefly returned to music as part of Mighty Mighty Bosstones guitarist Nate Albert's band The Kickovers, appearing on their 2002 album 'Osaka'. But the same year Welsh retired from music altogether to concentrate on his art career, with which he enjoyed some success. Although he never returned to music as a career, Welsh did join Weezer on stage a couple of times in recent years, most recently performing on 'Undone - The Sweater Song' at a show in New York in July. On Saturday, a statement was posted to Welsh's official Twitter page, which read: "We are deeply saddened to announce that Mikey Welsh passed away unexpectedly today. He will forever be remembered as an amazing father, artist, and friend. May he rest in peace". According to reports, staff at the Rafaello hotel in Chicago found his body after he failed to check out. Reports have claimed that he died of a suspected drugs overdose. However, having conducted an autopsy on Sunday, the Cook County Medical Examiner's office has not yet entered a cause of death pending the results of toxicology tests. In a statement, the band said: "A unique talent, a deeply loving friend and father, and a great artist is gone, but we will never forget him. His chapter in the Weezer story was vital, essential, wild, and amazing. Mikey was never one to shy away from the absurd, dangerous or strange, and he did so with a gusto few others had. No one had quite the stage presence of Mikey, nor have there been many who pulled the types of shenanigans he did at shows. If it rocked, he had to try it - and he always found a way to pull it off". Welsh had been in Chicago to see Weezer play last night. The band went ahead with the show as planned, saying: "As sad as it is to think about, we know Mikey would never want the rock stopped on his account - quite the contrary in fact. While we won't see him, we know he will be there rocking out with us!" ![]() ![]() BORDER BREAKER WINNERS ANNOUNCED And the winners are: Elektro Guzzi (Austria) All ten will perform at next year's awards, where the winner of a peoples choice vote will also be announced. Yes, a panel of judges may have picked this list of ten, but the public will be able to vote for their overall favourite from next month. More at www.europeanborderbreakersawards.eu. -------------------------------------------------- LIVE AWARDS PRESENTED And the winners were... Best Venue Teamwork Artiste Manager Of The Year: Jonathan Dickins, September Management Best Festival (40,000 +): Glastonbury Best Festival Performance: Slipknot at Sonisphere National Promoter Of The Year: SJM Concerts Greatest Brand Impact: O2 STARSHIP HIT THE WORST SONG OF THE EIGHTIES Though I've just noticed Europe's 'Final Coundown' came in at number two. Europe's 'Final Countdown' is a classic. Sorry Rolling Stone, your poll has just been discarded. This story will self-destruct in due course. ![]() ![]() PETER HOOK PLANS TO "FUCK NEW ORDER OVER" As previously reported, New Order will reform sans Hookie to play two benefit shows in aid of film-maker Michael Shamberg later this month, the first gigs they've played together since 2006. Hook announced that the band had split in 2007, although his bandmates initially denied this. With that in mind, you could argue that playing without him as New Order now was mainly about proving a point. Speaking to Spinner, Hook said: "I'm all the more determined to fuck New Order over in any possible way I can. If they think I'm just going to scuttle off to a cabin in the woods, they've got another thing coming. They're dickheads. People go and hide, but I don't. I'm a fighter. I'm going to come out fighting. It's all bollocks. They're already hawking for an American tour... They're hiding behind the charity gig". "I used to [own the name]", he added, after admitting that it has become slightly more difficult for him to block the band's activities of late. "But they pulled a cunning limited company hostile takeover and managed to take over the trademark from me... I'm fighting it now at the moment". His main gripe, it seems, is that they didn't ask him for permission to play live. He continued: "What they've done to me, to tour as New Order, is frankly disgusting. I don't mind them touring as New Order, if they'd come to me and said that... but I think that people are intelligent enough to know that it's not. New Order Mark 1 was with Gillian; New Order Mark 2 was without Gillian, and now you've got New Order Mark 3, which is without me. They're different New Orders". "It would be like me going out with Stephen and Gillian and saying it's New Order: 'Where's Barney [Sumner]?'", he concluded. "They're going to be haunted by it, aren't they? Every interview they'll be dying to ask you what it's like without Hooky". Of course this is the same Peter Hook who last year performed Joy Division's debut album 'Unknown Pleasures' without the other surviving members of Joy Division (aka Bernard Sumner and Stephen Morris). NEW DOCUMENTARY SPARKS SKRILLEX AND THE DOORS COLLABORATION As well as the Skrillex/Doors partnership, the film will feature other collaborations between artists from opposite sides of the genre spectrum. For example, DJ Premier creating a classical piece with Nas and the Berklee School of Music Orchestra, electronic duo The Crystal Method spending studio time with soul icon Martha Reeves, and Mark Ronson working with Erykah Badu, the Dap Kings and Trombone Shorty on a jazz number. Says Doors man Ray Manzarek of working with Skrillex, real name Sonny Moore: "[Sonny] plays his beat, all he had to do was play the one thing. I listened to it and I said: 'Holy shit, that's strong'. Basically, it's a variation on 'Milestones', by Miles Davis, and if I do say so myself, sounds fucking great, hot as hell". I can't help thinking this project will either be really, really interesting, and full of great moments of communion between diverse acts, or a bit of a disaster. But with the film not due to premiere until Grammy Week of next year, there's ample time to brace yourself for the finished product, however it may turn out. Here's the trailer: www.youtube.com/watch?v=wWDXuNXrnp8 THE MISERABLE RICH TO TOUR HAUNTED VENUES Frontman James De Malplaquet explains the venture: "As an experience, how do you top recording an album in a Jacobean palace, the birthplace of Ann Boleyn? We'd already decided to release the album at Halloween, and wanted to put together a tour to do it justice. We decided to add a dramatic element to the proceedings, with ghost stories, exclusive acoustic previews in spooky crypts, and a free mix tape for those getting into the spirit and dressing up". Tour dates: 29 Oct: London, Westminster Reference Library BURBERRY WORK WITH THE FEELING TO FLOG PERFUME The new track will soundtrack an advert for a Burberry perfume in the run up to Christmas, and will also be available to buy from all good record stores. Well, some record stores. Apparently Burberry Chief Creative Officer Christopher Bailey believes the song "reflects the sensuality and attitude of the fragrance". Well, in that case, get me seventeen bottles at once please sir. Actually, don't. DEMOS REPORT TO ARGUE CREATIVE START-UPS NOT AS RISKY AS BANKS SAY According to The Independent, the Demos report will argue that creative industry start-ups are no more likely to fail than new companies in most other sectors, and are statistically more likely to be successful than, say, new restaurants or hotels, yet banks seem much less willing to provide funding to entrepreneurs operating in the creative space. The report adds that creative businesses are often less likely to fail partly because of "the passion, dedication and skill of the individuals involved" in setting them up. Although the report will be launched by the government's culture man Ed Vaizey, it does criticise the Coalition's policies too. The report says that the government, despite them banging on about how important the creative economy is, define the sector in a confusing way, ignoring the more lucrative areas of the business, and therefore adding to the misconception investing in creative companies is a particularly risky thing to do. Says report co-author Helen Burrows: "Banks need to stop saying no to everyone who says they run a music company even before they have finished the sentence. And the government needs to [better] understand and take into account the sector". -------------------------------------------------- SONY US TO PARK SOME ICONIC LABEL BRANDS Like RCA itself, all three were divisions of the original BMG record company prior to its merger with Sony in 2004. Unlike in the UK, where most of the Sony and BMG label brands were quickly phased out post-merger, eventually leaving just Epic, Columbia and RCA in use, most pre-merger imprints remained in the US. But after the latest rejig at Sony Music, following the arrival of new CEO Doug Morris, that label portfolio is being streamlined. Jive, Arista and J Records artists will be added to the RCA roster, though it is customary when these imprint mergers take place for a few artists to fall off the final list. Speaking to The Hollywood Reporter, the RCA US division's COO, Tom Corson, said: "The path we've taken is to refresh RCA, so we're going to retire those brands. There may be a reason down the line to bring them back, but it's a clean slate here. The concept is that there is value in branding RCA and not having it confused or diluted by other labels. The artists have all been supportive. We didn't make this move without consulting our artists, and we haven't had any push-back. Frankly, they're the brand. We're defined by our artists". The revamp follows various executive rejigs and a bit of downsizing at Sony Music USA. ![]() ![]() WE7 AND SPOTIFY PROFITS (WELL, LOSSES) REVEALED In the last financial year We7 saw revenues rise to £965,374, and reduced losses to £2.97 million. At one point it was suggested We7 was breaking even month on month through ad sales, which doesn't seem to be the case, though things are moving in the right direction I suppose. And, of course, recent changes so that free users can only access the cheaper-to-run interactive radio service as opposed to full on-demand streaming should reduce the company's costs considerably. Providing user levels and ad sales can be sustained with just that service - which We7 reckons they can - it should certainly help the company move somewhere near profitability. As for Spotify, revenues shot up in 2010 - £45 million from subscriptions and £4.5 million from advertising - resulting in a 458% revenues increase overall. Good times. Though, alas, losses were up too, from £16.61 million in 2009 to £26.54 million in 2010. Although these figures are for Spotify's UK company, and not the parent company Spotify Technologies, those figures account for most of the streaming music company's operations, because most of the European business is run through their London entity. Of course Spotify has also since reduced the running costs of their freemium service, which, even if it has a negative impact on ad sales, should have a positive result overall, reducing costs and driving increased subscription sales. PAUL MCCARTNEY GETS MARRIED AGAIN That is all. -------------------------------------------------- GARY BARLOW USED TO CHARGE BANDMATES TO USE HIS MOBILE This apparently came up during a radio conversation between Barlow and bandmate Robbie Williams, after the latter admitted he hasn't had a mobile since 2006 (presumably since T Mobile stopped paying him millions to tell us we should all have one). According to Mr Paparazzi, after the now mobile-less Williams admitted he had sometimes used Barlow's phone during the most recent Take That tour, Gary said: "I was thinking of charging you but I thought that I can't do that again.... It used to be a quid per phone call. Can you imagine what it would be now?" Well, given how much mobile phone call costs have fallen in the last fifteen years, I'd say about 2p. |
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