Microsoft Brings $43 Million Lawsuit Against Lithuanian Torrent Site LinkoManija
Maybe I've got it all wrong, but I didn't think you could earn $43 million running a torrent tracker out of Lithuania. Well, Microsoft seems to think you can. TorrentFreak is reporting that the software giant has filed a lawsuit to that tune against one Kestas Ermanas, a man it accuses of facilitating the theft of its Microsoft Office products by operating the widely used LinkoManija website. Ermanas stated in an interview with TorrentFreak that Microsoft never once contacted LinkoManija with a torrent takedown request.
Microsoft probably realizes that it's unlikely, if not impossible, to get the full damages it's seeking, as Lithuanian law limits possible winnings to a mere $53,000 dollars. Perhaps Microsoft is using the case to set precedent, so it can chase after, or just scare the bejesus out of, other torrent sites similar to LinkoManija.
The development comes at a time when other media giants, like the RIAA, have decided to slow down the lawsuits against file-sharers and find new ways to rein in the digital black market. To avoid reputation-tarnishing lawsuits, the RIAA has been increasingly working to forge agreements with ISPs (Internet Service Providers) to limit or even cut off bandwidth to customers they suspect of downloading music illegally. So, for the moment, it looks like the media companies are using tricks both old and new to keep their intellectual property safe, but the battle for the internet rages on, with no clear end in sight.
Mom Rejects RIAA's Settlement Offer, Goes to Third Trial with Middle Fingers In Air
As we previously reported, Jammie Thomas-Rasset was fined $54,000 on January 22 for illegally downloading 24 songs via Kazaa (yes, it was that long ago). The fine was delivered after Thomas-Rasset appealed the original verdict of $1.92 million, which Judge Michael Davis himself called "shocking."
But it didn't end there. The RIAA thought it was being even more reasonable when trying to settle with Thomas-Rasset by asking the file-sharing heroine to donate $25,000 to "an appropriate charity benefiting musicians" (and if they hear one more guffaw, they'll sue your ass too!). However, the RIAA's nemesis (and mother of four) has once again stuck her mighty middle finger up at the major labels by rejecting the settlement offer. This means the case will go to trial for a third time.
Joe Sibley, Robin to Thomas-Rasset's Batman (otherwise known as her lawyer), said "Jammie is standing on principle here and will not accede to payment demands that the RIAA is making through an unconstitutional statutory scheme (that they lobbied for the creation of) and we will ride this train to its appellate end no matter how many future remittiturs are rejected."
Brian Jonestown Massacre Defy New "Green" Legislation by Continuing Their Irresponsible and Non-Renewable Mining of the 1960s Touring in Support of Who Killed Sgt. Pepper?
If case you didn't get the message in your pathetic Microsoft Outlook Action Item Blackberry Inbox List, The Brian Jonestown Massacre don't have loser jobs. They are a cool, vintage-y, garage-psych band. They make their own luck with cool hands and hot sex. What I mean to say is: leather jackets are valuable status symbols in anarchist society. Sunglasses at night and all that shit. No, its cool to say "shit"; they swear a lot. They have attitudes and opinions and stuff. Like, about the Viet Nam War or something, I think.
Their new 4-track, 2-inch tape, cut-straight-to-vinyl-in-the-studio, heavily-Tibetan-influenced A-side radio single is called "Let's Go Fucking Mental." You can download it (whatever the FUCK that means, John F. Kennedy) over here. But you can't download subversion. That's in the air. That's free. The song's really repetitive, which is another way of saying that it has a really urgent social/socialist/Socialist message.
The band’s 10th album is called Who Killed Sgt. Pepper?, so you know it's going to be at least as good as The Beatles were. It's due on February 23 — at least according to the Capitalist Machine's Commie Mind control Calendar — and their US tour kicks off May 28 in the most tuned-in and turned-on City on this existence plain: Minneapolis, Minnesota. Fuck, man. The doors of perception and shit. You know what I'm saying. I mean, don't you just hate your day job? Thanks, Anton.
05.28.10 - Minneapolis, MN - Cabooze
05.29.10 - Milwaukee, WI - Turner Hall
05.30.10 - Chicago, IL - Metro
05.31.10 - Cleveland, OH - Grog Shop
06.02.10 - Toronto, ON - Phoenix Concert Hall
06.03.10 - Montreal, QC - La Tulipe
06.04.10 - Boston, MA - Paradise Rock Club
06.06.10 - New York, NY - Webster Hall
06.08.10 - Philadelphia, PA - TLA
06.09.10 - Washington, DC - 9:30 Club
06.10.10 - Cincinnati, OH - Mad Hatter
06.11.10 - St Louis, MO - Off Broadway
06.13.10 - Denver, CO - Bluebird Theater
06.14.10 - Salt Lake City, UT - Urban Lounge
06.15.10 - Boise, ID - Knitting Factory
06.17.10 - Portland, OR - Crystal Ballroom
06.18.10 - Vancouver, BC - Commodore Ballroom
06.19.10 - Seattle, WA - Neumos
06.21.10 - -San Francisco, CA - Fillmore
06.22.10 - Los Angeles, CA - Henry Fonda Theater
Check here for European dates, which start in February.
• Brian Jonestown Massacre: http://brianjonestownmassacre.com
Rocky Votolato Announces New Album and Tourdates
With a name like Rocky, you don't have to try too hard to get people's attention. Still, Rocky Votolato isn't going to sit idly by and do nothing. Instead, he's releasing a new album, True Devotion, due February 23 on Barsuk. True Devotion was mixed by Casey Foubert (Sufjan Stevens, David Bazan) and John Goodmanson (The Blood Brothers, Sleater-Kinney). Anyone who pre-orders the album before its release date will get access to a digital version of the album plus a bonus 7-inch single with two non-album tracks, and will be entered into a contest to win a private house show performance by Rocky himself. If you don't win the private show, be sure to catch Rocky when he comes to a city near you:
02.13.10 - Reno, NV - Rainshadow CCHS !
02.24.10 - New York, NY - Mercury Lounge (CD Release Show) !
02.26.10 - Chicago, IL - Schubas (CD Release Show)
03.02.10 - Portland, OR - Mississippi Studios
03.04.10 - San Francisco, CA - Bottom of the Hill
03.05.10 - Los Angeles, CA - Troubadour
03.07.10 - San Diego, CA - Casbah
03.08.10 - Phoenix, AZ - Rhythm Room
03.09.10 - Albuquerque, NM - Launchpad
03.10.10 - Denver, CO - Hi-Dive (16+)
03.11.10 - Provo, UT - Velour
03.13.10 - Seattle, WA - Neumo's (CD Release Show)
04.01.10 - Minneapolis, MN - Triple Rock
04.03.10 - Lansing, MI - Mac's Bar %
04.05.10 - Toronto, Canada - Drake Hotel % (19+)
04.07.10 - Alston, MA - Great Scott %
04.10.10 - Philadelphia, PA - First Unitarian %
04.11.10 - Washington, DC - DC 9 %
04.13.10 - Pittsburgh, PA - Garfield Artworks %
04.14.10 - Akron, OH - Musica %
04.15.10 - Newport, KY - Southgate House %
! My Flag Is on Fire, The Bindle Stiffs
% Brooke Waggoner
• Rocky Votolato: http://www.rockyvotolato.com
• Barsuk: http://www.barsuk.com
Rhymesayers Entertainment Announce Charity Benefit Concert for Haiti Hosted by Slug on February 9; Brother Ali, Freeway, Jake One to Perform
Rhymesayers Entertainment and its roster of musicians, like most of the world, feel the pain of Haiti and its citizens and are determined to help in any way possible. Accordingly, and appropriately, the record label has released information on a benefit concert set for February 9 wherein ALL proceeds will be donated to various charities to aid with the relief effort. The list of performers set to help raise funds for the event include Brother Ali, Freeway & Jake One, Sage Francis & B. Dolan, I Self Divine, and plenty of others, with the whole night set to be hosted by Slug of Atmosphere.
The show will take place at Minneapolis' own First Avenue, costs $20, and will make you feel better about not getting off your ass and doing something with your life. Tickets are already available at plenty of outlets, and more information can be gleaned off the Rhymesayers website.
Below are a few quotes from Rhymesayers artists about the tragedy in Haiti.
"This is one if the greatest tragedies of our lifetime. It's time for all of us to help the people and families who are suffering." - Brother Ali
"It's embarrassing to admit how unaware I've been of the living conditions in Haiti. And that's before the earthquake hit. I'm honored to be involved with this fundraiser and I'm thankful for the conditions that allow me to be on the giving end of this charity. I trust that our fans feel the same way." - Sage Francis
"The great people of Haiti live in the poorest nation in our hemisphere and have been impacted by the largest disaster in our hemisphere this century. This isn't about charity, this is about respect for humanity." - Toki Wright
"At this moment Haiti needs the world's assistance. It's a privilege to be a part of something so special. Not only should we assist with donations for aid, food, and water, but let's come together 6 months, a year from now and help with the rebuilding process." - Muja Messiah
• Rhymesayers: http://www.rhymesayers.com
David Byrne Teams Up with Fatboy Slim and Every Available Female Singer to Release Concept Album, Due February 23
Oh, concept records. We love 'em, and we kinda hate 'em. Okay, but we really do love them, especially when they are born of David Byrne's imagination, and HE CAN DO NO WRONG. NO WRONG!
What's more, Byrne has teamed up with dance/electro DJ Fatboy Slim on the record. Fascinating... so does this mean we can expect to catch Byrne in a hotel busting a move in mid-air on a bike while Spike Jonze leads a troupe of mediocre dancers outside? Okay, enough brazen questions.
As cool as my aforementioned scenario would be, Byrne and Fatboy Slim actually intend to release a 22-track record about the life of Imelda Marcos, the former First Lady of the Philippines and her childhood servent, Estrella Cumpas. The record, which will be titled Here Lies Love, will also feature performances by Santigold, Florence Welch (of Florence and The Machine), Sia, Steve Earle, St. Vincent, Natalie Merchant, Tori Amos, Sharon Jones, and more. Not a bad lineup there, Byrne.
Here Lies Love will be released via Todomundo/Nonesuch Records on February 23.
• David Byrne: http://www.davidbyrne.com
• Nonesuch Records: http://www.nonesuch.com
Iannis Xenakis Art Exhibition at The Drawing Center in SOHO until April 8
If you find yourself in New York (or you are one of the 8.5 million people who live there), you would be doing your brain a huge favor to check out the Iannis Xenakis exhibit at The Drawing Center in SOHO.
One of the pioneers of "computer music," Xenakis was interested in the application of physics and mathematics to music. In addition, he was a Greek resistance warrior (really!) and an architect.
According to the press release:
Xenakis brought together architecture, sound, and advanced contemporary mathematics, moving away from traditional polyphony to create music comprised of masses of sound, shifting abstract aural gestures, linear permutation, and sonic pointillism.
Xenakis began with an obsession in the mathematics and physics of music; later in his career, he discovered that the mathematical methods that proved most aesthetically pleasing were so deeply ingrained in his mind that he no longer needed to do the math — this is precisely why he is considered a pioneer in music theory and technology. All the while, he was unrestricted in his creativity, allowing him to become a master of multimedia art.
This exhibition explores the architechtural drawings, graphic scores, and sketches of Xenakis and will be up until April 8, 2010.
Shearwater to Traverse The Golden Archipelago, North America
Jonathan Meiburg sure isn't shy about reminding you about his day job. The sometime-Okkervil River collaborator and ornithologist won't stop with naming his band after a sea bird: no, now he's getting set to release the final album of a triptych — the second of which was called Rook, by the by — about the gradual destruction of nature at humankind's hands. It's like the UN Climate Change Report, with more pianos and ghostly vocals.
The Golden Archipelago, inspired by Meiburg's student trips to such far-flung islands as the Falklands, Tierra Del Fuego, and the Galapagos — I mean see, geez, man, we get it, you care about nature — is due February 23 on Matador, with Meiburg and the shifting groups of musicians he calls Shearwater also heading out for a supporting tour in March. No word yet on whether they'll be bringing a field guide and a pair of binoculars.
Keeping with the whole diligence-of-a-scientist thing, though, Archipelago will also feature a "dossier" full of related materials compiled by Meiburg himself, though you'll only get it if you're willing to help the band out.
The Golden Archipelago tracklist:
01. Meridian
02. Black Eyes
03. Landscape at Speed
04. Hidden Lakes
05. Corridors
06. God Made Me
07. Runners of the Sun
08. Castaways
09. An Insular Life
10. Uniforms
11. Missing Islands
North American Tour dates
03.13.10 - Austin, TX - Red 7 #
03.24.10 - Atlanta, GA - The Earl *
03.25.10 - Chapel Hill, NC - Local 506 *
03.26.10 - Washington, DC - Rock N Roll Hotel *
03.27.10 - New York, NY - Bowery Ballroom *
03.28.10 - Philadelphia, PA - Johnny Brenda's *
03.30.10 - Boston, MA - T.T. the Bears *
03.31.10 - Montreal, QC - La Sala Rosa *
04.01.10 - Toronto, ON - Lee's Palace *
04.02.10 - Ithaca, NY - Castaways *
04.04.10 - Chicago, IL - Lincoln Hall *
04.06.10 - Minneapolis, MN - 400 Bar *
04.07.10 - Grinnell, IA - Gardner Lounge at Grinnell College *
04.09.10 - Norman, OK - The Opolis *
04.22.10 - Phoenix, AZ - Rhythm Room
04.23.10 - Tuscon, AZ - Club Congress
04.24.10 - Los Angeles, CA - Spaceland
04.25.10 - San Francisco, CA - Bottom of the Hill
04.27.10 - Portland, OR - Doug Fir Lounge
04.28.10 - Vancouver, BC - The Biltmore Cabaret
04.29.10 - Seattle, WA - Triple Door
04.30.10 - Pullman, WA - The BellTower
05.01.10 - Boise, ID - Nuerolux
05.04.10 - Denver, CO - The Walnut Room
05.07.10 - Austin, TX - The Parish=
# Jonathan Meiburg solo, backed by Xiu Xiu
* Wye Oak
• Shearwater: http://www.shearwatermusic.com
• Matador: http://www.matadorrecords.com
IFPI Considers Civil Suit Against Former OiNK Admin
• On a Friday: This one, specifically, January 15, 2010. Allan Ellis, former admin of popular torrent site OiNK, was found not guilty of 'Conspiracy to Defraud' the music industry.
* Meaning: Your torrent site = Not cool. Sweet coin you made = Kinda cool.
• The following Thursday: The IFPI is considering levying a civil suit to reclaim some of the £200,000 for 'artists' it claims to have been swindled.
* Meaning: We want your monies, Mr. Ellis.
It took him two years to clear his name, and all the man wants now is to get on with his life, but clearly the IFPI has other plans. Saying incendiary things like “This is a hugely disappointing verdict which is out of line with decisions made in similar cases around the world,” and “The defendant made nearly £200,000 by exploiting other people’s work without permission," the International Federation of the Phonographic Industry spokesman John Kennedy (no relation to you know who) is going to try to get his/theirs.
And just a little forbearance of our egos as smart consumers, here's some sweet legal mumbo-jumbo about the inner workings of this from a real life lawyer:
I think they may be thinking about filing suit on it's own behalf -- as an association of labels. For example, IFPI vs. Oink and DudefromtheArticle[Ellis]. IFPI's stated goal is to "safeguard the rights of record producers". Look at the field of imprints published on its homepage. Those aren't the corporate logos of "various artists". They're giant fucking record labels. After the industry lost the "make you shit in your pants" criminal trial to *gasp* a dude and jury of his peers, record companies are going back to more of the same: civil actions. Civil, as in we will sue your ass into bankruptcy and complacence. We know how that's going. So far, mostly inneffective at stopping what's practically a tidal wave. And the lawsuit angle definitely doesn't play as well in the media, at least not when it's grandmas and 12 year olds.
Whether or not a particular artist gets x% of the money for every song they have stolen, I don't know. For sure they don't get 100% passed straight on to them. At the very least the lawyers will be well paid out of any settlement. The record companies don't just eat their legal expenses and pass the savings on to the bands. How much the labels/"publishers"/producers have agreed to pass on to the individual artists isn't at all clear to me.
There's a reason I pay a retainer, to pay off in 'sitches like this.
Read: Lawyers win.
Toro Y Moi Plans Spring Tour for Causers of This with The Ruby Suns and Dent May
The debut album from hyped-up chillwaver Toro Y Moi is due for physical release February 2 via Carpark, and so, naturally, he's leaving the bedroom for an enormous tour of Europe and North America. Causers of This, which includes single "Blessa," has already been drawing multitudinous comparisons with Beach House and Animal Collective, one only apt for an album full of dreamy synths and summery beats. (Check it out at the Chocolate Grinder.)
According to Carpark, a second (very different) album is due sometime around August of this year, featuring "109" (the B-side to "Blessa"), but in the meantime, Toro Y Moi begins his spring tour in Europe before returning stateside in March to meet up with The Ruby Suns (check Carpark for European dates with Dent May).
02.05.10 - Durham, NC - Duke Coffeehouse
02.25.10 - Brooklyn, NY - The Cameo Gallery
02.26.10 - Haverford, PA - Haverford College
02.27.10 - Frederick, MD - Nola Gallery
03.12.10 - Santa Barbara, CA - Muddy Waters *
03.13.10 - San Diego, CA - The Loft *
03.14.10 - Phoenix, AZ - Rhythm Room *
03.15.10 - Tucson, AZ - Plush *#%
03.17.10 - Austin, TX - SXSW (The Mohawk)
03.22.10 - Atlanta, GA - Drunken Unicorn *
03.23.10 - Chapel Hill, NC - Local 506 *
03.24.10 - Washington, DC - The Black Cat Backstage *
03.25.10 - Philadelphia, PA - Kung Fu Necktie *
03.26.10 - Brooklyn, NY - Brooklyn Bowl *
03.27.10 - Cambridge, MA - Middle East Upstairs *
03.28.10 - Winooski, VT - Monkey House *
03.29.10 - Montreal, Quebec - Il Motore *
03.30.10 - Toronto, Ontario - The Drake *
03.31.10 - Chicago, IL - Schubas *
04.02.10 - Minneapolis, MN - The Turf Club *
04.03.10 - Lawrence, KS - Jackpot Saloon *
04.05.10 - Denver, CO - Hi-Dive *
04.06.10 - Salt Lake City, UT - Kilby Court *
04.07.10 - Nampa, ID - Flying M Coffee *
04.08.10 - Seattle, WA - Chop Suey *
04.09.10 - Vancouver, British Columbia - Biltmore Cabaret *
04.10.10 - Portland, OR - Mississippi Studios *
04.12.10 - San Francisco, CA - Bottom of the Hill *
04.13.10 - San Luis Obispo, CA - SLO Art Center *
04.14.10 - Los Angeles, CA - The Echo *
+ Dent May
* The Ruby Suns
# Quasi
% Explode Into Colors
• Toro Y Moi: http://www.myspace.com/toroymoi
• Carpark: http://www.carparkrecords.com
Pioneer of the MP3, Bach, Launches New ‘Deluxe’ File – No, Not That Bach, Idiot!
The original inventors of the MP3 have recently announced the launch of a new ‘deluxe’ file-type. ‘MusicDNA’ can “include things like lyrics, videos, artwork and blog posts, which will continually be updated, as well as the music.” The creator is Norwegian developer Dagfinn Bach (appropriate name, huh?), and the file’s investors include Karlheinz Brandenburg, “credited with inventing the MP3." Bach pioneered the very first (probably brick-sized) MP3 player.
Discerning TMTers will no doubt have two questions:
1. Will this finally kill the physical album for good (MusicDNA refreshes itself automatically — who needs this crappy plastic?)
2. Might this kill file-sharing if MusicDNA becomes the default music file-type?
I guess music has now embraced Web 2.0 itself. As Brandenburg says, "I remember 10 years ago, a lot of people were saying that we need to enrich the user experience, that legal access to music has to give the customers more than just music, and this is certainly one very nice way to do it."
