News of interest

  1. Supreme Court won't review music download antitrust case

    Quote Originally Posted by Blaze View Post


    – Mon Jan 10, 10:15 am ET

    WASHINGTON (Reuters) – The Supreme Court on Monday declined to review a ruling that reinstated an antitrust lawsuit alleging major record labels conspired to fix prices and terms under which music would be sold over the Internet.

    The justices rejected without comment an appeal by a number of companies that included Sony Corp, a unit of Vivendi SA, Warner Music Group Corp and EMI Group of the ruling by a U.S. appeals Court in New York.

    The appeals court ruled that a federal judge had erred in 2008 in dismissing the lawsuit filed on behalf of people who downloaded music over the Internet. They had sued record labels that control more than 80 percent of U.S. digital music sales.

    The lawsuit accused the record companies of agreeing to the wholesale price floor of about 70 cents a song when rivals began offering music on the Internet at a much cheaper rate.

    The appeals court ruled the plaintiffs had described enough facts to suggest an antitrust price-fixing conspiracy and sent the case back for further proceedings before the judge.

    Attorneys for the companies appealed and said the case raised important, recurring issues that required the Supreme Court's resolution.
    They said the appeals court erred in ruling that a lawsuit can state a claim without alleging sufficient facts under the legal standard that will apply in considering the claim at the summary judgment stage or at trial.

    Attorneys for the plaintiffs opposed the appeal and said the appeals court correctly applied the legal standard from recent Supreme Court decisions in considering the facts alleged in the lawsuit.

    Chief Justice John Roberts and Justice Sonia Sotomayor recused themselves and did not consider the case.

    The Supreme Court case
    ...
  2. 5 Predictions for the Music Industry in 2011

    Quote Originally Posted by Blaze View Post
    Brenna Ehrlich

    The music industry continued suffering its hardcore identity crisis in 2010, buffeted by the languishing major labels, continued leaks/file-sharing and that most confusing of conundrums: How to get music to fans in a way that makes sense — without losing money.

    Still, despite the industry’s continuing difficulty to adapt to the digital age in a truly profitable way, we have seen some stirrings of change: the expansion of the online music video oeuvre, more creative and diverse methods of releasing albums (via Ping, Facebook and even mobile apps), and more mainstream, established publications and institutions embracing social media all the more.

    There’s a lot of noise out there in the music world — and we’re not just talking about the genre — and we’re all hoping that out of that tangle of ideas and sounds comes the antidote that will fix a system that is so obviously in flux. Although I don’t quite see that antidote being concocted this coming year, I do see more trial and error and creativity brewing that could, in the end, lead to the music industry’s eventual rebirth. Either that or it will all implode and we’ll live in eternal silence, but somehow I doubt it.

    And with that I bring you my predictions for 2011.


    1. Subscription Services Will Be Popular, But Not Profitable

    If Spotify’s $26.7 million loss in 2009 is any indication, subscription services still have a ways to go before they’ll actually become profitable. Hell, Last.fm isn’t even turning a profit yet — although it could be getting close.

    Still, this year and the end of last year saw services gaining even more steam — MOG launched its all-you-can-eat service in December, followed by Android and iPhone apps, and, most recently, an app in the Chrome Web Store. Rdio also launched to much excitement, and Slacker Radio announced that it would be launching an on-demand offering as well
    ...
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  3. New Year's Eve with David Lee Roth

    Quote Originally Posted by Blaze View Post
    Twenty-six years ago today, DLR and I hung out on W 4th street in Greenwich Village.

    December 30, 1984 - 'twas a Sunday morning and I'd spent the week crashing with Hoboken friends in advance of a big New Year's Eve party, but Saturday afternoon had relocated to Manhattan to join my visiting family who had rooms booked at Morgan's, the new Steve "Studio" Rubell / Ian "54" Schrager hotel on Madison near 38th. Following Sunday breakfast I called the Hobokeners and we agreed on a noon meet-up at McBell's tavern, a great old Irish place on Sixth just south of Washington Place where a decent steak and cold beer could be had cheaply.

    As I'd cabbed down to the neighborhood around 11:30, I was prowling "Geoffe's Trail" of neighborhood record shops and turned west off Sixth Avenue onto West 4th, where it bent northward to cross Cornelia and then Jones streets. Mid-block, I spotted a small bric-a-brac place - really no bigger than a large walk-in closet, and the wallspace chock-full of cheap sunglasses. Stepping in, I saw a large mane of blond hair over the back of a jean jacket that had a gorgeous, WWII Memphis Belle warplane 'nose art' style, hand-painted Pin-up-Girl-in-Champagne-Glass image. 'Round turns David Lee Roth - at the time, my absolute #1 idol in the world - and says to me "Hey buddy!"

    [Ulp] "Hi, Dave! What are you doing here?"

    "We're just picking up some fine glasses for tomorrow night! You're gonna watch me hostin' the MTV New Year's Eve party, ain'tcha?"

    "Big party in Hoboken - we'll be watching on TV" was my 'cool' response.

    I'd been such a huge Van Halen fan and recalled how, a year earlier, VH had released their mammoth "1984" on New Year's Eve, and MTV had then beaten that drum for months. Dave was one of the most recognized mascots and dependable faces on MTV - a total showman
    ...
  4. Litigations of interest - Pink Floyd and Iron Butterfly.

    In March of 2010 Pink Floyd set about to enforce their rights described in contract from abuses being carried out by EMI. Pink Floyd once again is setting new ground for other artist. Moreover, more and more artists are standing up to big business. We have to thank Pink Floyd and their management for their tenacity. Some of those abuses were copyright infringement and £ 10 million in royalties owed to the band.

    The BBC noted that

    Garth Brooks and AC/DC are among the others who have objected to their albums being split up.
    Peter Jenner, who managed Pink Floyd when they first signed with EMI in the 1960s, said releasing complete albums was important to the band.
    "Clearly in cases like the Floyd, there was a coherence in the content as an album," he told BBC 6 Music. "Tracks were dropped because they didn't fit in with the whole thing. I think that was quite common, especially in the 70s and 80s."
    Mr Jenner, now emeritus president of the International Music Managers' Forum, predicted that the ruling would be significant.
    "I think it will give the artists some ammunition to get the record companies to be a bit fairer with the royalty treatment they give artists for digital work."
    Paul Gorman stated in Music week

    In a ruling this afternoon, the court dismissed the appeal by EMI against the High Court judgement earlier this year that the group’s individual songs must not be sold without permission.

    In the latest stage in the dispute over an alleged £10m in unpaid royalties from sales between 2002 and 2007, lawyers acting on behalf of Pink Floyd argue that its 1999 contract with EMI required the label to sell its works only as albums, even in a digital context.

    This comes as a further knock to EMI’s stock this week, following reports in the financial press that Guy Hands has lost the confidence of key investors and is preparing
    ...

    Updated 12-28-2010 at 09:13 PM by Blaze

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  5. Season's Greetings From The Roth Journals

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    Link to Amazon promotion

    Roth's page on Amazon


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    Promotional offer can only be used for MP3s sold at Amazon.com.

    Promotional offer limited to one Amazon MP3 promotional credit per customer.

    Amazon MP3 music downloads are available to customers located and with billing addresses in the 50 United States or the District of Columbia only. You must have an Amazon.com account and accept the Amazon MP3 Service Terms of Use to redeem the code.

    We reserve the right, in our sole discretion, to terminate or modify this promotion.