INDIE NEWS BEAT
August 25, 2004 Edition
* Peer-To-Peer Software Ruled Legal In The U.S.
* The Swift's Second & Biggest Release 'Today'
* Jerimaya Grabher Joins Sanctuary Music Group
* Marianne Kesler Releases Green Room
* Johnny P ? Gets Go From Clear Channel
* Kansas Attorney General Bans Music CDs
* HITCO Music Publishing Announces New VP/GM
* BMI Reports Record Revenues & Royalty Payments
* Former MTV Producer Debuts "American Jobs"
* Third Lawsuit Filed To Save Historic Music Venue

P2P United Statement On Ninth Circuit's "Complete And Utter Rejection" Of Entertainment Industries' Claim That Decentralized Peer To Peer Software Developers Are Copyright Infringers

Adam Eisgrau, Executive Director of P2PUnited - the Washington-based trade association of the peer-to-peer technology industry representing the developers of BearShare, Blubster, Grokster, eDonkey and Morpheus P2P software - released the following statement on the Ninth Circuit Court of Appeals' stunning and complete affirmation today of last Spring's Federal District Court ruling that such developers do not infringe copyright by developing and distributing their popular software programs used by tens of millions of Americans:

"The Ninth Circuit's complete and utter rejection today of the entertainment industries' attempts to warp long-standing, pro-innovation copyright law into a weapon against peer-to-peer technology and its developers is a profound and major victory for the American consumer and our economy. Critically, the court cut through and rejected Hollywood's and 'Big Music's' propaganda about peer-to-peer software and the P2P United member companies sued in this case (Grokster and Streamcast) to find the truth:

peer-to-peer software is not only capable of many important and substantial non-commercial uses that do not infringe copyright, but is also used now for valuable commercial purposes, as well; decentralized peer-to-peer software programs, like Grokster and Morpheus, were built to and do comply fully with current copyright law; and before the time-tested law set down by the Supreme Court in the Sony Betamax case 20 years ago is changed, extreme caution and care is required to avoid killing a revolutionary technology in its cradle."

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Morpheus' Legitimacy Confirmed! Appellate Court Rules In Favor Of Peer-To-Peer Giant Streamcast Networks

In what is sure to be hailed a landmark decision, the 9th Circuit U.S. Court of Appeals has upheld the legitimacy of peer-to-peer file-sharing application Morpheus. The decision deals a crushing blow to twenty-eight of the world's largest entertainment companies litigious attempt to curb the creation of new technologies for digital content delivery and distribution in a ruling that confirms that development and distribution of the Morpheus software does not violate copyright law.

"We value the role that copyright has played in our society, however it is innovation that has been the foundation of America and what has made our country great. As CEO, I am proud that Morpheus has become the first American P2P company to successfully win its fight for the right to continue to develop innovative new distributed communications technologies. In today's ruling, the 9th Circuit Court has affirmed our strong conviction from Day One that developing Morpheus was not just legally our right, but morally was the right thing to do."

Michael Weiss, CEO of StreamCast Networks, Inc., which produces the Morpheus software, stated." The timing of this decision could not be better as Morpheus is about to release the 3rd generation of peer-to-peer technology called NEOnet-a technology that has been under development since 2001. I predict this new version scheduled for release in September will become the most talked about advancement in P2P for the coming years."

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Sharman Networks' Kazaa Ruled Legal In The U.S.

Sharman Networks, distributor of the popular peer-to-peer Kazaa software, today stated it was extremely pleased with the decision of the Ninth U.S. Circuit Court of Appeals which overnight affirmed Judge Stephen Wilson's ruling that the distribution by Grokster and Morpheus of peer-to-peer software does not violate U.S. copyright law.

"This is a victory for the technology industry and fans, artists and owners of entertainment content," said Rod Dorman, lead trial council for Sharman Networks in the U.S."

"As a result of this decision, Sharman Networks will be filing a motion for summary judgement, nearly identical to the successful motions filed by Grokster and Morpheus, and we are confident that Judge Wilson will find that our product, Kazaa, is a lawful product as well."

Mr Dorman said the court ruling sends some clear messages. "Firstly, litigation is not the answer," he said. "Entertainment industry executives in the U.S. must now embrace peer-to-peer technology and work with software developers and other partners to commercialise it. It is time for them to take their business back from their lawyers and steer it into the future of digital distribution."

"It also sends a message to users of peer-to-peer software that they must use the software responsibly. At the same time, users are entitled to the respect of the entertainment industry."

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The Swift's Second & Biggest Release 'Today'

For The Swift‹the critically-acclaimed pop/rock foursome that brought the words "original" and "piano-driven" back to Christian music‹the amazing race of the past two years has certainly made a definitive point. And it is this: Whatever happened yesterday is history. Today is where everything begins, so open your eyes and live it 100%. This is the point of Today, The Swift's infectiously profound, passion-driven second release on Flicker Records, a sonic '"kick in the pants" that you'll remember long after the CD stops spinning.

Produced by Jason Burkum and Nathan Dantzler (Audio Adrenaline, Tree63), Today dawns with much of the same carefree, lighthearted fun audiences have come to expect from The Swift. And yet, there's an overarching maturity that echoes in the 11 songs here, a spiritual insight that comes with weathering a few rough spots in the road.

From the beautiful orchestrated strains that lead into the aggressive worship anthem "You Burn" to the 70s horn-laden groove of "Today" to the infectious, raucous whimsy of "Trumpet Song," The Swift expands beyond the expected to create a sonic wave as wide as the horizon. And riding on that wave is the foundational truth of which they sing.

Most of all, the band agrees, the songs of Today speak of real life ups and downs and how God's unfathomable love washes through all of our days, growing our faith and making each day a brand new starting point for all that is to come. "Today is the day," Simons adds, enthusiastically. "It's always the day. To start fresh, to dedicate yourself to God, to grow, to seek, to discover the bigger picture. To live every moment."

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Jerimaya Grabher Joins Sanctuary Music Group As Director Of Producer Management

Music industry veteran Jerimaya Grabher recently joined Sanctuary Music Group as Director of Producer Management. He will work out of the company's LA offices on Sunset Blvd. "Sanctuary Producer Management represents some of the top record producers and engineers in the business. And with the foundation of Sanctuary Music Group under us, this division of the company is uniquely positioned to lead in this area of the industry," comments Grabher. Jerimaya will be working to secure and coordinate music projects for Sanctuary's current client roster of more than 20 top producers and engineers. He will also help to grow the company by bringing on new clients.

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International Singer-Songwriter Marianne Kesler Releases Green Room

After almost a year in the making, Soulthink Productions is proud to present Green Room - the new release from international singer-songwriter Marianne Kesler. Described by first time listeners as "current" "bursting with flavor" and "over the top", the music is "beautiful, relevant lyrics wrapped up in artful acoustic-driven pop/rock".

Marianne is an artist creating music from the inside out, and deeply immersed in living out her dreams. Marianne tours widely across the United States both as a solo artist, and selected tours with a road band. In January 1996, Marianne had the privilege of touring in the Netherlands, and most recently in Australia during last January 2004. Marianne plays the coffeehouse circuit along with festivals, camps, churches, schools. Festivals have included Sonfest 2004 (Australia) and Inside Out Soul Fest 2001(US). She has received radio airplay across the United States including Puerto Rico, and in Chile, Spain, Finland, Romania, and several stations in Australia on her recent tour.

Marianne has been the recipient of an ASCAP Popular Award in seven different years, and her previously unreleased song "Always" was recently selected for inclusion on a compilation project by Artists for Change "The Goddess Within" - proceeds of which goes to shelters for battered women. Marianne is also a World Vision Artist Associate.

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Johnny P ? Gets Go From Clear Channel

Borned Orville Morgan, in the ghetto's of Kingston 13, Jamaica, West Indies, Johnny P. first came to prominence as the number one DJ with Winston Riley's Techniques sound system Clevie. Through his sound Riley introduced Johnny P. to the dancehall.

One of Johnny P.'s early releases, "She Young And She Green", was recorded with Riley alongside Thriller U, who with King Jammy later recorded the duo performing, "Stick By Me". In 1987, Johnny P. was the first DJ to record with Steely And as producers in their own right.

The release of the cautionary "No Free Ride" is widely recognised as the tune that made Johnny P. a star. By 1988 the popularity of uniting singers with DJs continued unabated and Johnny P. at the time held the distinction for appearing on almost half of them.

Arguably, his principal hit from this period was in combination with Cocoa Tea ("Come Love Me"). Although regarded a "combination DJ" Johnny P. had a series of solo hits that included "Bike Back", Tight Cloths", "Mind You Get A Lick", "Yu Breath A Badda Me", "Every Posse Follow Me", "Expensive And Dear", "Wet Liner", "I Love The Father", "Face Out, Dollars Out", "Man Idiot", "One Ton Of Fluff" and "Natty Dread Checking". Notable combinations included, with Scotty ("Old Fire Stick" and "Send Me The Pillow"), with Michael Palmer ("Everyone Makes Love") and with Gregory Isaacs ("Wey You Get Inna').

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ACLU Of Kansas And Western Missouri Seeks Additional Information From Kansas Attorney General On CD Censorship

In a letter submitted today, the American Civil Liberties Union of Kansas and Western Missouri called on Kansas Attorney General Phill Kline to explain his decision to ban over 30 music CDs from Kansas libraries.

"Through his actions, Attorney General Kline usurped the authority of trained professional librarians across the state to make decisions about the content of their collections," said Dick Kurtenbach, Executive Director of the ACLU of Kansas and Western Missouri. "Attorney General Kline is far removed from librarians in Hayes or Wichita or Kansas City, who strive every day to build collections that serve the needs of their various communities."

In describing the process used to select CDs to be banned, Whitney Watson, a spokesperson for Kline's office reportedly said, "We don't have the manpower to look at every album and song lyric, but we feel we removed most of the albums that did not mesh with the values of a majority of Kansans."

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HITCO Music Publishing Announces New VP/GM

Shawn "Tubby" Holiday has been appointed to the position of Vice President & General Manager, HITCO Music Publishing, it was announced today by L.A. Reid, Chairman of Island/Def Jam and Co-Founder of HITCO Music Publishing. Holiday will report to Reid, while working closely with Evan Medow, CEO of Windswept Holdings, LLC. HITCO is a joint venture between Reid and Windswept . Windswept is recognized as one of the most successful and innovative independent music publishers in the world. HITCO's songwriter roster includes top hitmakers such as Beyonce, Sean Garrett and J-Que (co-writers on Usher's "Yeah"), Tab, Carl-Mo (co-producer of Outkast's "The Way You Move"), Pooh-Bear (co-writer of 112's "Peaches 'N Cream"). Mr. Holiday will divide his time between Atlanta, New York and a new HITCO office in Los Angeles, located at the Windswept premises in Beverly Hills.

Commented Mr. Reid, "We are extremely fortunate to welcome Shawn 'Tubby' Holiday into the HITCO family. Shawn brings a wealth of musical taste, important relationships and extensive knowledge in music publishing. We are all confident that Shawn will be extremely instrumental in growing HITCO into a dominant force in the music publishing arena."

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BMI Reports Record Revenues And Royalty Payments For FY2004

BMI reported revenues of $673 million for the 2004 fiscal year, it was announced today. Revenues increased nearly $43 million, 6.8% over the prior year. The performing rights organization generated royalties of more than $573 million for its songwriters, composers and music publishers. Royalties increased by $40 million or 7.5% from the previous year.

BMI President and CEO Frances W. Preston said both the revenues and royalty distributions were the largest in the company's history. "Our achievement this year is the result of the extraordinary success and popularity of the repertoire created by BMI's songwriters and composers, and of continued strength in BMI's licensing efforts," said Preston.

BMI's leadership in licensing produced solid revenue growth in radio, network television, general licensing and new media. New agreements were signed with the CBS and ABC television networks, Univision and 32 new cable television networks. New media revenues were up 70%, including licensing more than 100 new mobile music-content companies for use of music in ringtones and other services.

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Former MTV Producer Goes From Glitz To Grit In His Debut Political Documentary "American Jobs"

As the presidential candidates spin employment numbers and offer economic proposals, first-time filmmaker Greg Spotts is readying a very different take on the state of the American economy. The result of a self-funded personal investigation that took Spotts to nineteen cities, the nonpartisan documentary "American Jobs" will be released on DVD on Labor Day.

One year ago, Spotts was working as a freelance television producer in music and sports. While producing the Shortlist Music Prize concert special for MTV2, Spotts, 36, realized that many of his friends were unemployed and began researching the loss of American Jobs to foreign competition. After gathering hundreds of news articles on his hard drive, Spotts became convinced that the only way to understand the country's economic plight was to go out and see the damage for himself.

Having visited the homes of dozens of recently laid-off American workers, Spotts is now convinced that the economy is undergoing structural rather than cyclical change. "While our politicians argue about the relative strength of the recovery, thousands of Americans are losing their jobs to low-wage foreign competition, and these jobs are never coming back," he explains.

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Third Lawsuit Filed To Save Historic Music Venue

On August 3, 2004, Friends of the Raymond Theatre and Forecast Foundation filed a new joint lawsuit in Los Angeles Superior Court against the City of Pasadena and developers Buchanan/ Perkins/Symonds Limited Partnership. The new action marks the third lawsuit pertaining to the proposed mixed-use condominium project slated to redevelop Pasadena's Historic Raymond Theatre. The lawsuit alleges that the newly modified project currently being proposed is inconsistent with the project that was given approval by the City of Pasadena in 2002.

The Buchanan/Perkins/Symonds Limited Partnership applied for permits in 2000 to gut Pasadena's historic Raymond Theatre and convert it to a mixed-use housing project. All City decision-making bodies denied approval of the project until the City Council granted approval in 2002. Immediately following that decision, Friends of the Raymond Theatre and Forecast Foundation filed separate lawsuits against the City of Pasadena. These lawsuits are now awaiting hearing by the appellate courts.

The project resurfaced in February 2004 when the Buchanan/Perkins/Symonds Limited Partnership chose to gain permits to start construction before the appellate court decision was rendered.

The City of Pasadena Design Commission found the project to be radically modified from the original project City Council approved in 2002. The Design Commission requested the developers make changes so the project would remain consistent with original approvals. Instead, the developers immediately appealed to City Council, where Design Review was approved and the project found consistent.

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Provided by the MusicDish Network. Copyright © Tag It 2004 - Republished with Permission