The Department of Justice Says $9,250 Per Song in a RIAA Lawsuit is A-OK by Them

Back in October, 30-year-old Jammie Thomas was sued by the RIAA for allegedly sharing songs over the P2P network, Kazaa. The total was $222,000 for supposedly downloading and sharing 24 specific RIAA songs (TMT News). The RIAA picked the perfect target, as Jammie Thomas is a single mother with an annual income of $33,000. Even funnier, neither a hard drive containing the files nor evidence that would link Jammie's Kazaa account with the music was ever presented on trial to the Minnesota jury of 12. Yet the jury fell for jury instruction 15, which told the jurors that simply "making available" the files was enough justification.

After the Minnesota court ruled in favor of the RIAA -- this was the first time the RIAA has won in courts against music piracy -- the case was taken to the U.S. Department of Justice to question the constitutionality of the ruling. Many lawyers and experts on the matter believed it would have been shot down as unconstitutional, since suing someone for sharing 24 songs for $222,000 can be viewed as excessive. Sadly, they were wrong. As ruled by the Department of Justice, it turns out that suing a single mother for seven times her annual income is "constitutional."

Standing assistant attorney general of Minnesota Jeffrey Bucholtz agreed with the ruling, stating that the $222,000 is not only for compensation, but acts as a "deterrent" to scare file-sharers.

A ruling like this is a terrible blow to the supporters of file-sharing, and it could only mean negative things for anyone else who has or will be targeted in the RIAA's righteous quest for compensation.

If you'd like to show your support for the victim in this case, Jammie Thomas, you can go to freejammie.com.

Sole and The Skyrider Band Tour, Instill Fear Over Dystopia, Insert Predictably Overused Philip K. Dick Reference Here

Since by Sole’s logic, “Stupid Things Implode on Themselves.” one can only predict that by the close of 2007, there will be no more:

(1) Crocs

(2) Drinkable, liquid yogurt

(3) Bret Michaels

(4) Michael B., Pizza Delivery Guy, Warwick, RI

(5) Shoddy loan-sharking companies taking advantage of the lower middle class

(6) Animated penguin movies

(7) Article about crocs; drinkable, liquid yogurt; Bret Michaels; Michael B., Pizza Delivery Guy, Warwick, RI; shoddy loan-sharking companies taking advantage of the lower middle class; or animated penguin movies.

It’s going to be such a mess of imploded stuff, reader baby. Drink your yogurt smoothie while you still can.

SOMETHING THAT WILL NOT IMPLODE:

Sole and The Skyrider Band’s Itchy-Sticky-Good tourdates:

* Telephone Jim Jesus

# The Apes

Mexican Musicians Increasingly Targeted For Violence

Jose Luis Aquino, trumpet player for Los Conde (a popular group from
Oaxaca), was found dead last Thursday with his hands and feet bound
and a bag over his head, marking the third murder of a Mexican
musician in less than a week. The other victims were Sergio Gomez,
former resident of Chicago and lead singer of K-Paz de la Sierra and
Zayda Pena of Zayda and the Guilty Ones -- both popular mainstream
singers who received posthumous Grammy nominations for "Best Banda
Album" on the same day as the discovery of Aquino's body.

Violence against Mexican musicians has been a problem in the recent
past, but most victims have been performers of "narcocorridos," or
drug ballads, and have thus had ties to organized crime and
drug-trafficking. None of the latest victims appear to have any of the
same connections, which is leaving authorities puzzled as to possible
motives -- though in Aquino's case, a "crime of passion" is suspected.

On November 30, “America’s Legendary Daredevil” Evel Knievel died after a long battle with the terminal lung disease idiopathic pulmonary fibrosis. You may have heard about this elsewhere but certainly not here, at Tiny WeHateStuntPeople Tapes. It may have had something to do with the fact that the news item had no remote link to anything musical whatsoever, but it had even more to do with the fact that this place is adventurephobic. When is the last time you saw a news story submerge itself underwater for nine minutes? Or one climb into a lion cage with nothing but a popsicle and People Magazine? If it weren’t for my constant plugging of the classic Lee Majors TV series The Fall Guy there would be no danger talk on this site at all. Can you imagine a TMT without capers? It makes me shudder just thinking about it.

If you are jonesin’ for some good stunt action, Merge Records will pull off the impossible by releasing new albums by American Music Club and Radar Brothers within 19 days of each other! That’s like jumping the Grand Canyon, skipping once on your caboose along searing asphalt, and then jumping over, like, a dozen double-decker buses! If these two feats of daring commercial product placement propulsion were not enough for you thrill-seekers, both of these acts have already announced some 2008 dates! Woodle-doo!

Mark Eitzel, “America’s Greatest Ever Hotdog,” and the daredevils of AMC will light themselves on fire, break a pelvis or two, and play some songs at the following European dates plugging their new album, The Golden Age. North American dates will follow in April and May, so they have promised

01.30.08 - Cork, Ireland - Cyprus Ave

01.31.08 - Limerick, Ireland - Dolans
02.01.08 - Galway, Ireland - Roisin Dubh
02.02.08 - Dublin, Ireland - Whelans
02.03.08 - Bristol, England - TBC
02.05.08 - Leeds, England - Irish Centre
02.06.08 - Manchester, England - Academy 3
02.07.08 - Newcastle, England - The Cluny
02.08.08 - Glasgow, Scotland - Oran Mor
02.09.08 - Nottingham, England - Rescue Rooms
02.10.08 - Birmingham, England - TBC
02.12.08 - Brighton, England - Concorde 2
02.13.08 - London, England - Dingwalls
02.14.08 - Amsterdam, Holland - Paradiso
02.15.08 - Brussels, Belgium - AB Club
02.16.08 - Den Bosch, Holland - W2
02.17.08 - Groningen, Holland - Vera
02.18.08 - Cologne, Germany - Gebaude 9
02.20.08 - Gijon, Spain - Acapulco (Casino)
02.21.08 - Madrid, Spain - Caracol
02.22.08 - Bilbao, Spain - Kafe Antzokia
02.23.08 - Barcelona, Spain - Apolo
02.24.08 - Bielefeld, Germany - Forum
02.26.08 - Hamburg, Germany - Fabrik
02.27.08 - Copenhagen, Denmark - Vega
02.28.08 - Malmo, Sweden - KB
02.29.08 - Oslo, Norway - John Dee
03.01.08 - Gothenburg, Sweden - Sticky Fingers
03.02.08 - Aarhus, Denmark - Voxhall
03.04.08 - Berlin, Germany - ColumbiaClub
03.05.08 - Leipzig, Germany - Nato
03.06.08 - Frankfurt, Germany - Brotfabrik
03.07.08 - Weinheim, Germany - Café Central
03.08.08 - St. Gallen, Switzerland - Palace
03.09.08 - Zürich, Switzerland - El Lokal
03.11.08 - Turin, Italy - Spazio 211
03.12.08 - Munich, Germany - Registratur
03.13.08 - Vienna, Austria - WUK
03.14.08 - Ebensee, Austria - Kino
03.15.08 - Geislingen, Germany - Ratschenmuhle
03.16.08 - Diksmuide, Belgium - 4 AD
03.18.08 - Paris, France - Divan du Monde
03.20.08 - Norwich, England - Arts Centre

The Golden Age will be out February 18 in North America (February 4 on Cooking Vinyl in Europe) and will have the following death-defying tracks on it:

1. All My Love
2. The Victory Choir
3. The Decibels and the Little Pills
4. The Sleeping Beauty
5. The Stars
6. All the Lost Souls Welcome You to San Francisco
7. Who You Are
8. The Windows on the World
9. One Step Ahead
10. The Dance
11. I Know That’s Not Really You
12. On My Way
13. The Grand Duchess of San Francisco

The world famous risk-takers Radar Brothers release Auditorium, also through Merge, on January 31. To celebrate the album, and to give fearless fanatics what they crave, the Bros. (not Bros) will play a Monday night January residency at Echo in Los Angeles on the 7th, 14th, 21st, and 28th (CD release party).

Applaud the Aud:

1. When Cold Air Goes to Sleep
2. Warm Rising Sun
3. Happy Spirits
4. Hearts of Crows
5. On Nautilus
6. Hills of Stone
7. Lake Life
8. Watching Cows
9. Pomona
10. A Dog Named Ohio
11. Brother Rabbit
12. Morning Bird

State of Oregon Continues Its Fight Against the RIAA

A recently filed appeal by the state of Oregon's Attorney General's Office has added an interesting twist in the ongoing battle between the recording industry and music listeners. The appeal calls for an immediate investigation into the evidence-gathering methods of the RIAA, and comes following letters sent by the RIAA to the University of Oregon in June claiming to have evidence of illegal music downloading by certain IP addresses within the university's network. The RIAA subpoenaed the identities of 17 students who were assigned the IP addresses in question and asked that the letters, which also included settlement offers, be given to the students.

This is the second time Oregon Attorney General Hardy Myers has resisted the RIAA. In October, Myers filed a motion on behalf of the University of Oregon, saying that the university was unable to identify 16 of the 17 alleged downloaders based on the information provided by the RIAA. Because the subpoenaed students accessed the copyrighted content from double-occupancy dorms, the university was unable to know who exactly downloaded the songs or if it was even done by individuals living in the dorms. As I'm sure any self-respecting freshman who's been busted with Fall Out Boy on their computer can attest to ("I swear to GOD I didn't download that! It must have been one of those dudes from the other hall we had over playing Quarters on Friday."), this kind of thing happens all the time.

The UO's newspaper, The Daily Emerald, notes that "the University has a policy of shutting down access to network users discovered to have illegally downloaded materials on their computers. ResNet, which serves campus residence halls with Internet access, shut down access to as many as 24 students each week during the last school year."

The Attorney General maintains that the reason for the appeal is not because the university condones music piracy, but rather because a forensic investigation would have to be done to discover who exactly did the downloading, and therefore that the request was “overbroad and burdensome,” as stated in the Eugene, OR newspaper, The Register-Guard. Also in question is whether or not the information in question is "personally identifiable information," which would violate the Federal Educational Rights and Privacy Act. In an e-mail sent to the campus newspaper, RIAA spokesperson Cara Duckworth said, "The suggestion that the collection of such information is somehow an invasion of privacy is indeed misinformed, and has been rejected by every United States court to have considered it."

Built to Spill Tour, Avoid Recording, Wage War On The Sippy Cups

Built to Spill are going on tour, and again without a new album to support. Fans and sphincter-looking music writers alike may speculate various reasons for the band putting off recording the follow-up to 2005's You In Reverse. Some may be more optimistic (that they are focused on producing poignant material), and some pessimistic (that Doug Martsch and company are "fraidy cats" after the resonating diatribes of 2001's Ancient Melodies of the Future), but I know what's really going on here.

After a few alcoholic beverages, several porn clips featuring the ex-stars of Wild & Crazy Kids, and much typical TMT fact-finding, I came across a little known band that makes psychedelic jams for kids, appropriately called The Sippy Cups. You see, it is my belief that everyone has an arch enemy in the universe, and The Sippy Cups (named after drinking cups built NOT to spill) aren't exactly best buds with Built to Spill.

Generally moving at antipodal points in order to keep the earth balanced on its axis, BTS are now looking to fuck things up by chasing down The Sippy Cups ("Sissy" Cups, as Martsch likes to say) on a tour of the U.S. Once defeated, only then will BTS be psychologically ready to record a new album.

For now, the plot to take down The Sippy Cups is on!

North America to Find Out Exactly What Atlas Sounds Like

I don't know about you, but I always assumed Atlas didn't make much noise. As anyone who ever took high school English will remember, this is the guy who had to carry the entire weight of the world on his shoulders. (And you thought you had it rough.) I can't imagine that such a task would allow much time for chitchat. So, I guess it stands to reason that Atlas Sound, Deerhunter frontman Bradford Cox's solo project, is being billed as a "bedroom album." While that isn't quite a genre, it seems like we can expect something a bit quieter and more meditative than Cryptograms (TMT Review).

In keeping with the sensory motif, the album, which is due February 19, will be called Let the Blind Lead Those Who Can See but Cannot Feel (Kranky). Add the band name, and Cox has three of the five senses covered.

Perhaps Atlas Sound's upcoming North American tour will provide inspiration for an EP that addresses smell and taste. You can never go wrong with a song about the odor of Vancouver (weed) or Brooklyn (really good Caribbean food mixed with garbage, at least in my neighborhood). And how about a little ditty about cheesesteak in Philly?

Smells like tourdates with Kranky artists White Rainbow and Valet:

MTV Freelancers Plan To Walk Out At 3 PM Today

The following information was taken from a flyer that was distributed by freelancers writing for MTV:

WALK OUT
MONDAY 3PM

This year, MTV Networks decided to deliver your holiday party invite
with an announcement of a new plan for Freelancers that includes
reduced inferior health benefits, no 401K plan, no paid holidays, and
more.

What do we do? Suck it up and deal? Leave the company? There is a
third option- 50% of the company stands up and says "WE DO NOT ACCEPT
THESE TERMS."

USE YOUR VOICE. BE HEARD. Join us and WALK OUT Monday 3pm.

Needless to say, freelancers have it rough. They don't have much say in a company as they'd like to -- just ask some of my fellow TMT co-workers. It's easy to exploit writers when their position of power is minimal, isn't it Mr P? Anyway, who knows if this MTV walkout will have any effect on the new plan, but at least they're trying.

Now walk it out.

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Stereogum Swaps Shares for Buzznet Stake in an Estimated $5 Million Deal, Worried Stereogum Reader Writes In to TMT

Dear Tiny Mix Tapes,

After coming home from a long day working at my local independent record shop, I opened up my web browser to find that my favorite music news website Stereogum is going to be involved in some sort of deal. Could you tell me what this is about? Should I find a new source for music news?

- Shaking in Vintage Cowboy Boots

----

Dear Loser (Chris),

You heard right! Stereogum’s owners (founder Scott Lapatine and former executives from AOL and MTV) have decided to swap their shares in Stereogum for stakes in social networking site Buzznet. Estimated at $5 million, the deal does not mean they’re cashing out of Stereogum, only that they’re moving equity stakes to Buzznet. Translation: Stereogum is corporately owned, and the corporate owners are talking about BORING LEGAL CRAP.

As for your second question: does God hate you or something? Is that why you’re reading sites other than TMT? You need no other source but here. We can assure you we don't have executives from AOL and MTV.

Love,

Tiny Mix Tapes

Matador to Release a CD of Prank Calls; Can’t Be Any More of a Joke Than Whatever Recent Matador Release You Were Disappointed With

At this point in your life, you’re probably either ready to buy a double album of prank calls or you’re not. No amount of art by Devendra Banhart or forewords by Neil Hamburger, Gerard Cosloy, and Neal Pollack will grease those steely, set-in-their-ways wheels. The fact remains that, for the past week and a half, I have been too busy quoting Earles & Jensen’s “My Friends Call Me Ditchweed, Don’t Ask, OK, Go Ahead and Ask” (MP3) to complete this story.

I can all but guarantee that this album will inspire a spat of drunken, horrible phone calls from the Matador-listening public. Kids: Prank phone calls -- like cooking eggs, heart surgery, Doors covers, and blogging -- are something best left in the hands of talented professionals. If you’re not sure whether or not you’re good at any of those things, you’re better off not wasting my time and yours.

Earles & Jensen's Just Farr A Laugh Vol. 1 and 2 will be released February 19, 2008. Check the Matablog for more info on the album.

  

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