EMI loses case against MP3tunes alleging copyright violations, sets precedent for lords of the internet to crush MP3tunes

EMI loses case against MP3tunes alleging copyright violations, sets precedent for lords of the internet to crush MP3tunes http://www.tinymixtapes.com/sites/default/files/news-11-08-mp3tunes-emi.jpg

A copyright infringement case first filed by EMI in November 2007 against startup MP3tunes and its owner, Michael Robertson, was settled Monday, mostly in favor of MP3tunes. The lawsuit found that MP3tunes’ practice of allowing users to upload songs from their personal (and presumably legally-acquired) music libraries while only keeping a single copy of each identical file uploaded among all users was not in violation of EMI’s copyrights due to MP3tunes’ protection by “safe harbor” under the Digital Millennium Copyright Act (DMCA).

The lawsuit also found that MP3tunes’ sister site, sideload.com, was not in violation of EMI’s copyrights. Sideload.com allows users to identify sites that post music files for download so that those sites and their accompanying music files can be pooled and shared across all of sideload.com’s users and housed in users’ storage “lockers.”

While this is certainly a good day for MP3tunes, it’s an even better day for other companies offering similar services, such as Google Music and Amazon’s Cloud Drive. Besides cutting down on the physical number of files that cloud services will need to store, sites like Google that already have major search capabilities can leverage those strengths to legally access music posted on the internet for use in its larger cloud of content. It also means that Apple’s practice of setting up explicit usage agreements with individual labels may have been completely unnecessary.

Overall, the real winners here are music collectors who use cloud-based storage systems. In addition to only needing to upload files that don’t match files already uploaded to a given cloud, users can also now safely access and store publicly-posted content without fear of direct retribution.

Let the appeals begin!

• EMI: http://www.emimusic.com
• MP3tunes: http://www.mp3tunes.com

Pigeons have a new album coming out, and you have the Mike Tyson documentary Tyson in your DVD player right now

Mike Tyson loves pigeons, the animal. Pigeons, the band, are a hazy psych band from the Bronx. Mike Tyson, I believe, lives somewhere in New York (though don’t quote me on that). Do I smell a love connection? No. I smell only feathers, birdseed, and the apathy of Mike Tyson toward the group that shares his beloved animal’s name.

But Pigeons are unflappable (hurr hurr) — not even a famous boxer withholding his love could stop them. As it turns out, the group is releasing a new record titled They Sweetheartstammers on November 8 through Soft Abuse. The group’s press release offers a wide range of comparisons, albeit all to relatively hazy acts like Galaxie 500, Broadcast, and Meddle-era Pink Floyd. This new full-length follows not one, but two 2010 records: Liasons (TMT Review) and Si Faustine. More records than there are birds in New York! (By the way, I speak from a future time when all but a pair of birds have been killed by a mysterious disease.)

While I’m unsure of the migration patterns of the bird pigeons, the band Pigeons plan on migrating throughout the US this winter. Ah-ha! Ah-ha-ha! Ahhhhh-haaa-haaaaaa! Ah! The joke’s on you: you just read that sentence! Ahem, anyway. Pigeons do plan on doing a US tour this winter, along with a European and UK tour in October. No specific dates have been announced as of yet, aside from the group’s appearance at Newcastle’s Tusk Festival, which also features the likes of Bill Orcutt and Grouper.

Check out the track “Dead Echo” at the Chocolate Grinder.

They Sweetheartstammers tracklist:

01. Behind the Reeds
02. Tout Nulle Part
03. Dead Echo
04. Chances
05. Red Friend
06. Tournoi
07. Lauren
08. The Welcome
09. Coquille

• Pigeons: http://pigeonsband.com
• Soft Abuse: http://www.softabuse.com

RIP: Richard Turner of Round Trip and live trumpet player for Friendly Fires

From Friendly Fires:

On Friday we learnt of the sudden passing of Richard Turner. Rich played trumpet in our live gigs on and off for three years. He was an utterly exceptional musician and his contributions to our shows will be hugely missed.

He was also an accomplished and admired composer. Here’s some music he wrote for his own band Round Trip.

• Round Trip: http://www.myspace.com/roundtripmusiconline
• Friendly Fires: http://www.wearefriendlyfires.com

Talking Heads to release new DVD Chronology so that you can pretend you’re at a Talking Heads reunion show

Like most of the world, you probably missed seeing Talking Heads play a show together before they broke up, and, furthermore, you (again, like the rest of the world) probably missed the Heads when they reunited in 2002. Now, I’m sure that this sad fact makes you tear up and wail like a banshee whenever you play your original pressing of Talking Heads ‘77, but on October 18 of this very year, you can partially remedy the situation by watching the new DVD of the Talking Heads, Chronology, and pretend that you’ve been a fan since 1977 and even got to watch one of the reunion shows.

The new DVD, put out by Eagle Rock Entertainment, features live performances from the early days all the way up to 2002, commentary from band members, and a 1978 interview with David Byrne where, if you look close enough, you can see Brian Eno moving Byrne around with puppet strings. Additionally, a super-mega-awesome-worth-the-extra-money-version will be available that includes a 48-page book of photos and a very cool essay originally published in 1979, written by the best writer in the history of rock music: Lester Bangs.

Once you buy the DVD, I recommend sending the kids outside, dimming the lights, putting on an oversized suit, burning down the house, doing a couple quick lines, and pretending it’s the 1980s all over again.

Chronology chapters:

01. Mic Test (1976)
02. With Our Love (1975)
03. I’m Not in Love (1975)
04. Psycho Killer (1975)
05. Intros Montage (1976)
06. The Girls Want to Be with the Girls (1976)
07. Don’t Worry About the Government (1978)
08. Dressing Room Fan Footage: Found a Job (1978)
09. Thank You for Sending Me an Angel (1978)
10. Warning Sign (1978)
11. Artists Only (1979)
12. Take Me to the River (1979)
13. Crosseyed and Painless (1980)
14. Animals (1980)
15. Love ? Building on Fire (1982)
16. Citie” (1982)
17. Burning Down the House (1983)
18. Life During Wartime (2002)

• Talking Heads: http://www.talking-heads.nl
• Eagle Rock: http://www.eagle-rock.com

C. Spencer Yeh’s lo-fi pop reissued on De Stijl; SF bands burn with envy

Following in the footsteps of major influence Brian Eno, C. Spencer Yeh (who is perhaps known best for his Burning Star Core project) has always involved himself in a wide array of diverse musical endeavors, from abrasive noise to atmospheric drone to free improv jazz. As of late, De Stijl Records has shown specific interest in Yeh’s rare but substantial rock/pop ventures, which are usually released under the moniker C. S. Yeh.

After recently releasing the In the Blink of an Eye B/W Condo Stress 7-inch, De Stijl is now reissuing Yeh’s formerly out-of-print one-sided LP, which is appropriately titled Songs 2002 and features Yeh’s tamer side within traditional pop structures (though featuring just as much imagination and wit as Yeh’s wilder recordings). Songs is reissued on “double A-sided cassette” and is just in time to show those San Francisco beachy fuckers how real lo-fi pop is done.

Songs 2002 tracklisting:

01. The Butter Day
02. New Ending Intruder
03. Lose Air Flip Backwards I
04. Lose Air Flip Backwards II
05. Remember

• C. Spencer Yeh: http://www.dronedisco.com
• De Stijl: http://www.destijlrecs.com

Loch Lomond (lake? song? band?) hit the road this fall

Three definitions found for “Loch Lomond”:

1. The largest lake in Great Britain
2. A Scottish folk song
3. A six-piece chamber pop group from Portland, OR

This all means that the band, headed by lead singer/multi-instrumentalist Ritchie Young, probably sports kilts and totes bagpipes, right?

Not exactly, but the tunes on their latest album, Little Me Will Start a Storm (released February 22 on Tender Loving Empire), lilt and flow and expand in a way that might make them sound as though they belong in the Scottish countryside. Young’s voice soars over and slips between a wild collection of instruments that includes vibraphone, piano, glockenspiel, and violin, just to name a few. They’re taking their pastoral sound on the road for a string of West Coast dates in September.


09.10.11 - Portland, OR - MusicFest NW at Rontom’s
09.14.11 - Bellingham, WA - The Green Frog
09.15.11 - Seattle, WA - The Crocodile
09.16.11 - Cottage Grove, OR - The Axe & Fiddle
09.17.11 - Davis, CA - Sophia’s Thai Kitchen
09.18.11 - Santa Cruz, CA - The Crepe Place
09.22.11 - Goleta, CA - Mercury Lounge
09.23.11 - Visalia, CA - The Cellar Door
09.24.11 - Big Sure, CA - Fernwood
09.25.11 - San Francisco, CA - Hotel Utah

• Loch Lomond: http://www.myspace.com/lochlomondmusic
• Tender Loving Empire: http://tenderlovingempire.com