Judge Denies College Student Defendant Live Webcast of Trial in RIAA Lawsuit

Filesharers have yet another defendant for whom to rally. Boston University graduate student Joel Tenenbaum is one of the latest people faced with a filesharing lawsuit filed by the RIAA (oddly enough after the organization claimed it was ceasing its lawsuits). He's pursuing his case pro se, which basically means sans professional legal counsel -- his advising team essentially consists of a group of students under the guidance of Harvard professor Charles Nesson and the backing of a whole heaping of Internet awareness campaigning via Twitter, Facebook, and the group's own website, Joel Fights Back.

Tenenbaum was handed a bit of a setback in the online awareness area when the U.S. Court of Appeals for the First Circuit sided with the RIAA and unanimously rejected U.S. District Judge Nancy Gertner's decision to allow the trial to be narrowcast on the internet. Presumably, the RIAA wants to keep such a trial under wraps, as it has previously received mostly negative coverage for its efforts to sue music fans, but what is little known is that the RIAA also seriously objects to the broadcasting of any of its lawsuits because of its lawyers' uncanny resemblance to the Skeksis in The Dark Crystal.

The First Circuit's decision has wider-ranging repercussions than just this trial -- had it decided the opposite, the panel would have given Massachusetts District Court Judges the discretion to webcast court proceedings. Tenenbaum and his supporters say they will continue to explore every legal option that is available for his defense.

Mario Speedwagon’s Under The Radar News Round Up: Deerhunter Readies EP, Wye Oak Hit The Road, The Juan MacLean Tour With The Field, Blur Schedules “Warm Up” Shows

Hey kids. I’m so excited it’s the weekend. It’s only the afternoon, but so far the highlights of my day have been seeing an extremely tiny puppy that was about the size of a Koosh Ball and finding out that Oprah has a Twitter. Here’s the news.

- Deerhunter are releasing a new five-song EP on May 18 (digital)/June 8 (CD/LP) called Rainwater Cassette Exchange via Kranky (4AD elsewhere). It was recorded with producer Nicolas Verhes (Microcastle). They also have some European tourdates listed on their MySpace.

- Wye Oak are hitting the road TODAY! Their tour kicks off in Chicago at the Hideout and ends mid-May in their home-hood of Bodymore, Murderland at the Metro Gallery. Check out more dates over at the Merge site. PS: It was Jenn from Wye Oak’s birthday yesterday. Happy belated birthday, girl!

- The Juan MacLean are hitting the road this sprin, in support of their new record The Future Will Come (TMT Review), out on DFA. The Field, who will be pimping their own new release, Yesterday & Today (out May 19 via ANTI-) will be joining them on tour as well. The tour kicks off mid-May in Cambridge at the Middle East Downstairs and ends mid-June in Montreal at Les Saints. For more dates and information, check out The Juan MacLean’s MySpace page.

- Blur has scheduled two “warm-up” shows this summer in advance of headlining slots at Glastonbury, Oxegen, and T in the Park. The first show will take place on June 13 at the East Anglian Railway Museum in Colchester, where they played their first show. All proceeds go to the museum charity. The second show will take place June 22 at Goldsmith’s College in London. The proceeds from that show will benefit the Teenage Cancer Trust. Way to give, guys.

K bye.

National Lampoon Presents: Deerhoof’s Chinese Vacation! Will Greg Saunier Play Clark W. Griswold? Will Rob Fisk Star as Russ, Only to Be Replaced by John Dietrich Once Fisk Hits Puberty and Joins SNL? Decide For Yourself When Deerhoof Releases a Mad Lib Script and Lets You Create Your Own Movie!

If anybody can Photoshop a quality picture of Chevy Chase giving the Deerhoof Milk Man a passionate HJ, I will literally PayPal you an honest three American dollars if you send it to me.

Oh yeah, I should probably tell ya’ll some actual Deerhoof news. After all, what sort of contemptible beast would I be without my esteemed reputation for providing only the most informative, courteous music journalism possible?

When last we left Deerhoof (TMT News), they were seeking more audience participation for songs from last year’s Offend Maggie (TMT Review). (BTW, if you missed out on our own Keith Kawaii’s entry of "Fresh Born," you are missing the fuck out on some serious squiggle business.) Along with Deerhoof’s Web Twopointoh-erey, those snazzy bastards had a couple of April shows lined up in Finland, Russia, and California. But guess what-the-sack they all went up and done now: They added more dates, motherfucker.

After the group’s California jaunt, Deerhoof will return to the continent for a stretch through France and its Flemish neighbors as well as a performance in London’s Hyde Park with Blur. But before all that nonsense comes Deerhoof’s real adventure -- the Strawberry Festival in Tongzhou Canal Park in Beijing. Along with Kill Rock Stars labelmates Xiu Xiu and Panther, Deerhoof will rock the Great Wall off its foundation and finish the job the pre-Khan Mongols never could. With more than 60 bands slated to play and various art exhibitions throughout, the Strawberry Festival’s theme is “music + sustainable and eco-friendly living in China.” A lofty goal indeed, but if any band is up to the task of turning Red China green, it’s Deerhoof.

And I’m serious about that Chevy Chase/Milk Man/HJ thing.
04.18.09 - Williamstown, MA - Williams College
04.22.09 - Helsinki, Finland - Tavastia
04.24.09 - Moscow, Russia - Avant Fest
04.25.09 - St. Petersburg, Russia - Skif Festival
05.03.09 - Beijing, China - Strawberry Festival
05.05.09 - Oberlin, OH - Dionysus Club
05.07.09 - Chicago, IL - Bottom Lounge
05.12.09 - San Francisco, CA - The Fillmore *
05.13.09 - Santa Cruz, CA - Rio Theater *
05.14.09 - Los Angeles, CA - Mayan Theater *
05.16.09 - Pomona, CA - The Glasshouse *
05.17.09 - Santa Barbara, CA - Soho
05.29.09 - Duedingen, Switzerland - Kilbi Festival
05.30.09 - Nancy, France - L'Autre Canal
05.31.09 - Paris, France - Villette Sonique
06.01.09 - Bordeaux, France - BT59
06.02.09 - Montpellier, France - Rockstore
06.04.09 - St. Nazaire, France - Le VIP
06.05.09 - Orleans, France - L'Astrolabe
06.06.09 - Cherbourg, France - Terra Trema Festival
06.26.09 - Evreux, France - Le Rock dans Tous Ses Etats Festival
07.03.09 - London, UK - Hyde Park $
07.05.09 - Cergy, France - Furia Festival
07.17.09 - Dour, Belgium - Dour Festival
07.18.09 - Nijmegen, Netherlands - Valkhofaffaire
07.19.09 - Utrecht, Netherlands - Tivoli/Helling

* Cornelius

$ Blur

Rhymesayers’ Soundset ’09 to Return for the First Time, Promises A Heavy Dose of Battle Raps, Atmosphere, And DOOM’s Return to Minnesota

Rhymesayers Entertainment is proud to announce to you, through me, the date, location, and lineup for Soundset ’09. The self-described “Official Mid-West Summer Kick-Off” is set to go down Sunday, May 24 with gates opening at 11 AM, featuring eight hours of b-boy battles, battle rapping, battle-axes, live DJs, a low-rider car show, skateboard demos, and plenty of awesome performances by a bevy of artists.

The festival, hosted by Canterbury Park in Shakopee, MN, culminates with headlining sets by Atmosphere, Pharcyde (with the full original lineup), and DOOM, who hasn’t played a show in the Minneapolis area since Rhymesayers released his 2004 album MM...Food.

The show will also have sets by Roc-A-Fella signee Freeway, who will be performing with hotshot Seattle-based producer Jake One, Sage Francis with B. Dolan (who co-created Knowmore), Doomtree and Rhymesayers member P.O.S., a politically intense Immortal Technique, and Def Jux’s own El-P who will be performing with Mr. Dibbs and TMQ.

Besides the Main Stage performances, the festival also includes a Fifth Element stage, a DJ tent with a national b-boy/b-girl battle, horse racing, and tickets that are on sale now!

Here, take a look at the full lineup:

Atmosphere, The Pharcyde, MF Doom, Brother Ali, Freeway & Jake One, Sage Francis with B. Dolan, Immortal Technique, P.O.S, El P with Mr. Dibbs & TMQ, Eyedea & Abilities, Abstract Rude + Aceyalone & Myka 9 = Haiku D'Etat with DJ Drez, Prince Paul, Buck 65, Blueprint with DJ Rare Groove, DJ Numark, Heiruspecs, Cunninlynguists, Blue Scholars, Sims of Doomtree, One Be Lo, I Self Devine, Awol One, Mike Mictlan & Lazerbeak = Hand Over Fist of Doomtree, Toki Wright, Grieves, Unknown Prophets, Lil Buddy Mclain, Just.Live, Kristoff Krane, El Guante, Plain Ole Bill, BK One, King Otto, and DJ Nikoless.


Over five years ago, a small tracker in Sweden by the Piracy Bureau was born in what was the early beginnings of the BitTorrent era. Since then, The Pirate Bay slowly became the stuff of epics: While major trackers have been shut down and boarded up, TPB maintained some resilience that you couldn't help but be amused, maybe even proud of. They scored leaks of major films, albums, and video games like good PR coups. At times, when artists and movie studios such as Warner Brothers and ego balloon Billy Corgan beseeched them to stop uploads of their leaked movies and pirated albums, they simply posted the letters up and laughed at them. When the site was raided in 2006, protests spawned all throughout Sweden against the nature of the raids, and a political party representing the interests of these supporters (the Pirate Party) was born.

Now, after a trial jokingly referred to as "spectacular trial" or spectrial, (where several charges were dropped, wild accusations were made, and all-around melodrama and theatrics could be had by both sides), the four men who stood trial for the actions of TPB -- Peter Sunde, Fredrik Nejj, Gottfrid Svartholm, and Carl Lundström -- were all declared guilty of facilitating copyright infringement through TPB. According to the 107-page judgment, the four worked together as a team and "were aware that copyrighted material was being shared using The Pirate Bay and that they made it easy and assisted the infringements." Each face a fine of 7.5 million Swedish kronor ($905,000) to the plaintiffs(a consortium of MPAA and RIAA corporations) and a year in jail. Amusingly, the judges in the verdict also declared the usage of BitTorrent illegal in Sweden. I got a feeling that won't go down too well anywhere.

Of course, the four have declared that they will appeal. Sunde, a.k.a. brokep, one of the outspoken figures of the trial, held a press conference online in the aftermath of the verdict. Comparing it to a typical episode of Swedish children's program, Sunde sees that they will ultimately get the epic win and sees this only as a setback. He notes that he was "not surprised" at the verdict, only at the prospect of jail time. He immediately disputed the facts that they worked together as a team, as well as the fact that their actions were "organized crime," calling their site much more disorganized. He was particularly surprised at the fact that the judgment was leaked yesterday to the press, which is how they first got word of the conviction themselves. At one point, he referred to the court as a "dice court," where results tend to be unpredictable. As to whether he would pay the fine, he said that even if he had the money to pay (which he did not), he would rather "burn the money and blow away the dust" than pay a cent to the plantiffs. In regards to TPB's fate, Sunde had said prior to trial that the site itself was never on trial and will continue running.

There is something to be said about this whole verdict. Many artists we write for here at Tiny Mix Tapes, as well as other sites such as Pitchfork and Pop Matters and Stereogum, have much to thank for file-sharing sites such as The Pirate Bay. They may not give them the immediate revenue that some artists and labels crave, but it gives them something else that's more important: fans. Fans that will go to shows, fans that will pay for merch, fans that will support them in any way they can. I am personally acquainted with an artist (who shall remain unnamed), whose own success was through the inadvertent leaking of an album to file-sharing sites such as What.cd and TPB. He is now selling out shows across the country. There are no doubt others who have had similar success. This verdict says a lot about what is wrong with the music industry's mentality towards piracy: All they see now are falling profit margins and the bottom line, lost sales where there never were any to begin with. They don't see that most people aren't just sales numbers. Some are slowly figuring this out and are now learning to earn their revenue off ticket stubs and merch sakles amongst other things. Others are still worshipping this dying god, and will do everything in their power to save it, up to the point of manipulating the government to serve them (which we will be reporting on next week). At the end of the day, while they may be morally in the right, their argument for maintaining this pyrrhic campaign is tired, and people have begun to move on.

While the labels won today, nothing can be made of this just yet.

Kevin Shields of My Bloody Valentine to Curate ATP X-Mas Fest, Still Accepting Praise for Loveless

Boy, oh, boy! Kevin Shields is throwing a heckuva party, and he wants YOU to go! Okay, well, he’s not “throwing” the party, but he has picked out an awesome lineup of bands, and he still really, really wants to go.

Shields, who will curate this year’s ATP Nightmare Before Christmas, has already asked newly-christened critical darlings The Horrors to play, while the rest of the bill also promises shows by Sonic Youth, De La Soul, Sun Ra Arkestra, and, of course, My Bloody Valentine. Expect more announcements regarding Shields selections to follow.

Interested in going? So am I. So, make sure you clear your calendar for December 4–6, 2009, because that’s when this whole groovy shindig is going down.

Tickets too pricey? I know, right? Well, have no fear because ATP is willing to help you out. Certain allocations of discounted tickets will be sold starting 9 AM today until 9 AM on April 24. Another set of discount tickets will also be made available, starting at 9 AM on April 24 until May 1, although this second batch will be slightly less discounted. Head over here to get the whole spiel on the ticket discounts.

Oh, and by the way, Mr. Shields: Loveless is amazing. To this day, it still sounds like whales having sex. And that’s awesome!

Music and Electronic Geeks Rejoice: Annual Circuit-Bending Festival Comes to NYC! Music and Electronic Geeks Despair: You Probably Won’t Be Able to Find a Date For This Thing!

Well, hey there, young man. Taking a break to browse the web while the ol’ soldering iron heats up, huh? Hey, that’s super. Just doing your standard daily Google search for “circuit bending,” “DIY electronics,” and “hardware hacking,” you say? Outstanding. Hey, your parents think that that’s just fantastic, you know? Keep it up, now!

Anyway, get ready for your hard disk to get a little harder, cuz have I got some great news for you today! You (yes, you in the XL “I’m Only Here Because My Server Is Down” t-shirt) are cordially invited to attend this year’s Bent Festival at Manhattan’s Tank Theater! No, this isn’t an online forum, buddy; this is the real thing. And shit, it starts today! You’ll have to slip those Cons on your feet and step out into the sunshine for this one. But dude, it’ll so totally be worth it!

The Bent Fest is an annual art and music festival celebrating DIY electronics, hardware hacking, and circuit-bending, and each year they invite artists from across the country and around the globe to perform music with their homemade and/or circuit-bent instruments, teach workshops to adults and children alike, create beautiful art installations, and showcase the state of the art in DIY electronics and circuit-bending culture in general! Cha-ching, man!

Workshops will include “Dub Siren/Noise Box,” “Analog Sensors,” “Beginning Microcontroller Programming and Circuit Bending,” “Chiptune Marching Band,” “Glitch NES,” and more. It ranges in price from free to around $90.

For a more complete list, why don’t you just click on over to their website? And remember: The 2009 Bent Festival is going on now at The Tank Theater until April 18. And, er, there’s free Beerlao at 7 PM each night for 21+ guests, apparently. Yum.

There’s Ray Charles Gold in Them There Downloads: 28 Post-1960 Albums Available for Download, Awesome Anthology Available Now

When I was a teenager, I saw Ray Charles perform in Philadelphia. Fireworks lit up the sky, the summer breeze whispered through the crowd, and the assembled mass gave off a great cheer as the legendary soul man seated himself behind the piano. It was a magical night -- or it would've been had I any idea of how cool this all was. Instead, I mostly just stood around in my geeky shorts and slapped at mosquitoes, never envisioning how I would grow to admire Charles' ability to transcend genre with classics like "Georgia on My Mind," "Hit the Road Jack," and more. Which is why the recent digital release of 28 albums of Ray Charles' post-1960 output is so damn cool. Maybe you weren't around to buy the albums the first time, or maybe you just want to pimp out your iPod. Whatever your reason, this news can definitely be filed under "smashing."

Here's the skinny. iTunes currently has exclusive access to all the jams, but two weeks after April 7, the albums will be available from an assortment of digital retailers. The digital releases are happening simultaneously with the release of Ray Charles -- Genius: The Ultimate Collection, a 21-song anthology of all the man's most-loved recordings for ABC-Paramount and Atlantic. Concord, the label behind the reissues, is planning on making Modern Sounds in Country & Western Music, Volumes 1 & 2, The Genius Hits the Road, A Message From the People and Genius + Soul = Jazz available within the year.

The Ultimate tracklisting:

1. Hit the Road Jack
2. What'd I Say (Part 1)
3. Busted
4. I Can't Stop Loving You
5. Sticks and Stones
6. Drown in My Own Tears
7. Unchain My Heart
8. Georgia on My Mind
9. I've Got a Woman
10. You Are My Sunshine
11. Take These Chains from My Heart
12. Hide Nor Hair
13. Let's Go Get Stoned
14. You Don't Know Me
15. Hallelujah I Love Her So (Live)
16. Crying Time
17. A Fool for You
18. One Mint Julep
19. Here We Go Again
20. Yesterday
21. America the Beautiful

The Mars Volta Set Release Date For Octahedron, Named After The OctoMom’s New Reality Show on TBS

Well, what do you know; it’s time for another Mars Volta album! The prog-rockers will release Octahedron June 23 on Warner Bros. Records, preceded by first single, “Since We’ve Been Wrong.” The band is also currently scheduled to appear at both this year's Bonnaroo Music & Arts Festival in Manchester, TN and the second annual Outside Lands Music & Arts Festival in San Francisco. Further U.S. dates will be announced soon.

Octahedron tracklisting:

1. Since We've Been Wrong
2. Teflon
3. Halo of Nembutals
4. With Twilight as My Guide
5. Cotopaxi
6. Desperate Graves
7. Copernicus
8. Luciforms

Apostle of Hustle Announce New Album and Tourdates; No, Not That the Dude with the Mustache from Broken Social Scene, the Other Dude with the Mustache from Broken Social Scene

It’s really hard to keep all those Broken Social Scene dudes straight. All you need to know is that Andrew Whitehouse looks like this, probably smokes more weed than your teenage little brother, and has a new album coming out May 19 with his band Apostle of Hustle, titled Eats Darkness. Fans can purchase tickets for their upcoming string of Ontario shows here , which will also include a digital copy of Apostle's new album for an additional $4, before both go on sale to the general public. The album download will be accessible starting at midnight on May 19, with the bonus tracks “Soul Unwind” and “Perfect Fit” available now for download.

Apostle of Hustle is also seeking aspiring bands in the Southern Ontario area for their upcoming spring tour. If you live in the area and are interested (and older than 19), you can submit a brief summary about why your band should support Apostle of Hustle, as well as your contact info and MySpace link to supportaoh@arts-crafts.ca by May 1.

See which bands made the cut in May:
05.20.09 - Guelph, ON - E-Bar
05.21.09 - Hamilton, ON - The Casbah
05.22.09 - Peterborough, ON - Montreal House
05.23.09 - Ottawa, ON - Zaphod Beeblebrox
05.27.09 - Kingston, ON - The Grad Club
05.29.09 - Toronto, ON - The Music Gallery
05.30.09 - Waterloo, ON - Starlight Room



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