TheButcher
2 Apr 2002, 11:52
Napster Update
Jim Bessman, 28 March 2002
Napster has been granted access to some 800,000 pages of documentation
regarding the major labels' designs for Internet music distribution.
These documents are also part of a federal investigation into alleged
antitrust actions by the majors in forming their MusicNet and Pressplay
subscription services; their availability to Napster now only lengthens
the labels' continuing copyright infringement case against Napster,
which now looks to spill into 2003. In the meantime, an appeals court in
Los Angeles has upheld last year's suspension of Napster's service, which
resulted from the preliminary injunction granted to the labels as part
of their copyright-infringement suit. Significantly, the court mandated
that the file-sharing service employ the most current filtering
technologies in order to prevent infringement.
Incidentally, the issue of copyright infringement has surfaced in Japan
with what is said to be the first trial of a user of file-exchange
software over violation of copyrights, resulting in an unnamed minor being
fined $3,000 by a Kyoto court for the online distribution of MP3 files
and file-sharing software. According to the plaintiffs (including the
Recording Industry Assn. of Japan), the case shows "the high level of
protection afforded by Japanese copyright laws." Back in the U.S.,
Senator Ernest Hollings has introduced the Consumer Broadband and Digital
Television Promotion Act, a bill that would lead to technical standards
for preventing unauthorized copying of copyrighted material on the
Internet. The proposed technologies, when developed, would be integrated into
future digital media devices.
In record company news, Warner Music Group has instituted a new catalog
unit, Warner Strategic Marketing, to be headed by former Sony Music
West Coast business affairs VP Scott Pascucci. The unit is made up of
catalog label Rhino Entertainment, Warner Special Products (which licenses
Warner catalog and develops special packages), and Warner Music Group
Soundtracks, whose newly named president is former Warner Bros. Records
executive VP of soundtrack development Danny Bramson. Meanwhile, New
Orleans indie label Mardi Gras Records has asked for the dismissal of a
"tradedress" infringement suit by New York indie Putumayo World, which
contends that Mardi Gras's "Ultimate Zydeco" compilation wrongly
appropriated Putumayo's folk-art graphic design elements in its packaging.
Mardi Gras says it's the first time that a label's been cited with
tradedress infringement, and that it could prevent other labels from making
and marketing similar New Orleans sets.
Listen.com is offering a free trial of its Rhapsody digital music
subscription service for the first week of April in a marketing move similar
to the free weekend promotions frequently employed by the premium cable
movie channels. In other digital news, Liquid Audio's network of retail
and music sites will sell downloads of BMG label acts-the first time
BMG is offering material in the Liquid Audio and Windows Media formats.
And the new DataPlay coin-sized disc format, which can hold 11 hours of
digital music, has received a boost with Zomba's agreement to release
DataPlay discs from Jive Records artists including Britney Spears, 'N
Sync, Aaron Carter, and R. Kelly, thereby joining Universal Music Group,
EMI, and BMG Entertainment in forging ahead with the format.
In artist developments, David Bowie, who complained about his "many
years of bumping heads with the corporate structure" when he left Virgin
Records last year to record for his own ISO label, has nevertheless
joined forces with Columbia, which will release his forthcoming album
"Heathen" via Columbia/ISO. And we sadly note the passing of Dudley Moore at
age 66 after a long illness. The star of such hit films as "10" and
"Arthur" was also a noteworthy jazz pianist and composer of scores to his
earlier films including "Bedazzled."
Jim Bessman, 28 March 2002
Napster has been granted access to some 800,000 pages of documentation
regarding the major labels' designs for Internet music distribution.
These documents are also part of a federal investigation into alleged
antitrust actions by the majors in forming their MusicNet and Pressplay
subscription services; their availability to Napster now only lengthens
the labels' continuing copyright infringement case against Napster,
which now looks to spill into 2003. In the meantime, an appeals court in
Los Angeles has upheld last year's suspension of Napster's service, which
resulted from the preliminary injunction granted to the labels as part
of their copyright-infringement suit. Significantly, the court mandated
that the file-sharing service employ the most current filtering
technologies in order to prevent infringement.
Incidentally, the issue of copyright infringement has surfaced in Japan
with what is said to be the first trial of a user of file-exchange
software over violation of copyrights, resulting in an unnamed minor being
fined $3,000 by a Kyoto court for the online distribution of MP3 files
and file-sharing software. According to the plaintiffs (including the
Recording Industry Assn. of Japan), the case shows "the high level of
protection afforded by Japanese copyright laws." Back in the U.S.,
Senator Ernest Hollings has introduced the Consumer Broadband and Digital
Television Promotion Act, a bill that would lead to technical standards
for preventing unauthorized copying of copyrighted material on the
Internet. The proposed technologies, when developed, would be integrated into
future digital media devices.
In record company news, Warner Music Group has instituted a new catalog
unit, Warner Strategic Marketing, to be headed by former Sony Music
West Coast business affairs VP Scott Pascucci. The unit is made up of
catalog label Rhino Entertainment, Warner Special Products (which licenses
Warner catalog and develops special packages), and Warner Music Group
Soundtracks, whose newly named president is former Warner Bros. Records
executive VP of soundtrack development Danny Bramson. Meanwhile, New
Orleans indie label Mardi Gras Records has asked for the dismissal of a
"tradedress" infringement suit by New York indie Putumayo World, which
contends that Mardi Gras's "Ultimate Zydeco" compilation wrongly
appropriated Putumayo's folk-art graphic design elements in its packaging.
Mardi Gras says it's the first time that a label's been cited with
tradedress infringement, and that it could prevent other labels from making
and marketing similar New Orleans sets.
Listen.com is offering a free trial of its Rhapsody digital music
subscription service for the first week of April in a marketing move similar
to the free weekend promotions frequently employed by the premium cable
movie channels. In other digital news, Liquid Audio's network of retail
and music sites will sell downloads of BMG label acts-the first time
BMG is offering material in the Liquid Audio and Windows Media formats.
And the new DataPlay coin-sized disc format, which can hold 11 hours of
digital music, has received a boost with Zomba's agreement to release
DataPlay discs from Jive Records artists including Britney Spears, 'N
Sync, Aaron Carter, and R. Kelly, thereby joining Universal Music Group,
EMI, and BMG Entertainment in forging ahead with the format.
In artist developments, David Bowie, who complained about his "many
years of bumping heads with the corporate structure" when he left Virgin
Records last year to record for his own ISO label, has nevertheless
joined forces with Columbia, which will release his forthcoming album
"Heathen" via Columbia/ISO. And we sadly note the passing of Dudley Moore at
age 66 after a long illness. The star of such hit films as "10" and
"Arthur" was also a noteworthy jazz pianist and composer of scores to his
earlier films including "Bedazzled."