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TUESDAY 13 JUNE 2017 | COMPLETEMUSICUPDATE.COM | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
TODAY'S TOP STORY: Internet company Cloudflare, a provider of so called reverse proxy services among other things, has failed to have a copyright infringement case against it dismissed, despite its argument that most of the websites named in the litigation are based outside the US... [READ MORE] | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Cloudflare fails to have copyright case dismissed on jurisdiction grounds Cloudflare has increasingly appeared on the gripe list of copyright owners of late. In its submission to the US government's annual report on copyright matters worldwide, the Recording Industry Association Of America last year stated that: "[Piracy] sites are increasingly turning to Cloudflare, because routing their site through Cloudflare obfuscates the IP address of the actual hosting provider, masking the location of the site". The major label trade group then added that: "The use of Cloudflare's services can also act to frustrate site-blocking orders because multiple non-infringing sites may share a Cloudflare IP address with the infringing site". The vast majority of the companies using Cloudflare's various services are legitimate of course, and are seeking to reduce the strain on their own servers and protect their online operations, rather than mask their identity. Though copyright owners don't like the fact that Cloudflare also has piracy platforms amongst its client base. Cloudflare, like most internet companies, insists it's not there to police the internet and can't go around disconnecting customers on the basis of complaints from content companies. In terms of what the internet firm's actual liabilities are under copyright law, well, that's debatable and is now being tested in the US via a lawsuit launched by porn company ALS Scan. That litigation was launched last year, and Cloudflare did manage to have some aspects of the legal action dismissed early on. However, the internet company is still defending itself against allegations of 'contributory infringement' for assisting piracy sites in the distribution of unlicensed content. The firm's most recent move was to argue that fourteen of the fifteen sites specifically mentioned in ALS Scan's lawsuit - all of which have used Cloudflare's services - were based outside the US. That means that the direct infringement from which Cloudflare's alleged contributory infringement stems happening outside America, it argued, and therefore outside the jurisdiction of the US courts. However, the court hearing the case did not agree. In a ruling made earlier this month, and now published by Torrentfreak, judges said that because Cloudflare had cached copies of those foreign sites on its servers in the US, that was sufficient to deem that the direct infringement had occurred within America. Or in the words of the judgment: "It is undisputed that cache copies of Cloudflare clients' files are stored on Cloudflare's data servers; it is also undisputed that some of those data servers are located in the United States. Thus, to the extent cache copies of plaintiff's images have been stored on Cloudflare's US servers, the creation of those copies would be an act of direct infringement by a given host website within the United States". Judges also said that simply caching copyright infringing content could result in liability for that infringement, and that the kind of caching employed by Cloudflare was not covered by fair use. All of which means, in relation to fourteen of the fifteen sites listed in ALS Scan's legal action, the matter will now proceed to court. When that happens, all copyright owners will be watching closely to see whether any other technicalities can be used to reduce Cloudflare's copyright liabilities. If not, other lawsuits are sure to follow. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Modern Sky UK allies with Sentric Music The live music side of Modern Sky invested in the Liverpool Sound City festival last year, and the launch of the Modern Sky UK label comes off the back of that alliance. It's headed up by Sound City chief Dave Pichilingi and seeks to work with artists it signs on their song rights as well as their recordings. Music publishing experts Sentric will administrate the song rights in which Modern Sky UK has an interest, as well as seeking sync opportunities for songwriters working with the label. Says Pichilingi said: "I've had a relationship with Sentric and its founder Chris Meehan for some years now, and I've watched that company grow in stature and credibility. With Sentric's main office being in Liverpool, this deal makes even more sense because we have that physical closeness as well as a philosophical one". He goes on: "Chris gets what we're trying to achieve with Modern Sky UK, having spoken to him about the artists that we're bringing in, and Sentric will be taking a proactive approach with the commercial possibilities of our artists". The there mentioned Meehan adds: "Dave is a music industry stalwart in the UK and Liverpool with unparalleled experience. We're really pleased he's heading up Modern Sky's UK operation and excited about being a partner. We've had a strong working relationship with Dave and the Sound City team for a long time and we're looking forward to building on that further". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
New MD for Universal's telly-and-movie music unit Sellwood has previously worked on the other side of that equation, in the TV business as a music supervisor, most recently at Banijay Media, and before that at companies like RDF Media Group and the BBC. The boss of Universal Music UK's Globe business, that'll be Marc Robinson, reckons the hiring of Sellwood "will consolidate our aim of reimagining of how film and TV music is created". Which sounds like fun. "Globe: Soundtrack & Score is already proving the benefits of being part of the creative process at the earliest stages of soundtracks", Robinson added, "helping to shape and fund budgets and then being the team that takes the music through to recording, release, marketing and distribution". What does Sellwood think about his new job? Well, he's been tight-lipped about it all, but I am going to go out on a limb here and propose he might be "THRILLED". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Starbucks allies with Lady Gaga on kind fundraising drinks Says Gaga herself: "We're healthier and happier when we live our lives with compassion and our communities are stronger when we treat one another with generosity and respect. The Born This Way Foundation and I are so excited to partner with Starbucks to help inspire positivity and love through the Cups Of Kindness collection". Oh yes, the Cups Of Kindness collection. That's four "vivid iced beverages hand-picked by Lady Gaga" that come in a variety of colours. Whenever anyone opts to buy a cup of kindness in the US or Canada through to 19 Jun, Starbucks will donate 25 cents to Gaga's charity. It will in turn use the money to fund programmes that "support youth wellness and empowerment by fostering kindness, improving mental health resources, and creating more positive environments". So see, some good will come out of all this stupidity. "Over the years we've admired the amazing work that Lady Gaga has led through the Born This Way Foundation", says Starbucks' music chief Holly Hinton. "We are proud to introduce the Cups Of Kindness collection to raise awareness and fund the Foundation's efforts to spread kindness, support youth and make the world a better place". Gaga prefers the New Matcha Lemonade apparently, but you can also choose from the New Violet Drink, the Ombré Pink Drink or the Pink Drink. Assuming you are in North America. And you shop at Starbucks. And you're kind. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Power of music explored in six Music Day monologues of Radio 3 Though look, here's something interesting to come out of the BBC's Music Day film flam, though ironically they are primarily speech based. BBC Radio 3 will air six short monologues this Thursday, each telling a classical music related tale under the header 'The Power Of Music'. It's a joint venture between Radio 3 and the BBC Writersroom, which exists to develop and support writing talent. The six short monologues for BBC Music Day have all been written by emerging writers who have never been commissioned by the Beeb before: Salim Allybokus, Jan Carson, Ross Dunmore, Emily De Dakis, Grace Knight and Amy Ng. Voicing their work are Liam Neeson, Kayvan Novak, Tamsin Greig, Julie Hesmondhalgh, Sophie Wu and Daniel Mays. It's an interesting project that will air throughout Thursday on Radio 3 - maybe next time they could expand it out to feature a wider variety of genres. -------------------------------------------------- Bauer Media to network mid-morning slot on local FM stations It means that, from next month, most of the Bauer-owned stations in the North of England will air the same show in that slot, hosted by Debbie Mac, who currently presents mid-mornings on Key 103 in Manchester. Five stations in Scotland will start to air a single show in that slot too, in that case presented by Greigsy. "Why?" you might wonder. To save money? No, to focus "product investment into areas that provide differentiation and a deep connection with our listeners" of course! According to Radio Today, Group MD of the Bauer City Network, Graham Bryce, says: "Our commitment to creating compelling engaging relevant content is at the heart of what we do. We are focusing our product investment into areas that provide differentiation and a deep connection with our listeners; exceptional breakfast and drive shows, award-winning local news, sport, traffic and travel, and high quality and relevant local information". Good times. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Metric's Emily Haines announces new solo album "Most of the songs on the album came to me out of some recent major changes in my life, and others were composed when my life felt more stable", says Haines. "Of them all, 'Fatal Gift' is the song that has lived with me the longest, through many incarnations. This is the right time for the definitive version to be heard. The song embodies for me the undeniable fact that no matter how high I climb, that voice, pulling me back to my essential self remains. We all pursue symbols of achievement, but utopian material promises are hollow". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Metal Hammer presents Golden Gods Noting the tricky year Metal Hammer itself has had, its future looking bleak for a time after parent company TeamRock went into administration in December, the magazine's Editor Merlin Alderslade remarked: "After a difficult end to last year in which the future of our magazine looked uncertain, we couldn't have thought of a better way to celebrate our comeback. From the one and only Chris Jericho returning to host our awards for a record-breaking third time, to seeing legends like Tony Iommi, Tom Morello and Chuck D walk out on stage, to honouring the contemporary names who make our scene great, it was the kind of evening that only the Golden Gods can provide". Aldersalde continued: "As always, though, the most important thing was the metal community coming together again - and we salute everyone who has supported us in the last year and beyond, be it by coming to the show, buying our magazine or simply spreading the good word of heavy. Horns up!" Horns up indeed. But winners. You want winners right? That's what we all got out of bed for. Well, here they are, golden in hue, godlike in character, Best UK Band: Architects Best New Band: Venom Prison Best Album: Gojira - Magma Inspiration: Exodus | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Wolf Alice, Plan B, Run The Jewels, more Other notable announcements and developments today... Â Wolf Alice will release their second album, 'Visions Of A Life', on 29 Sep. From it, this is first single 'Yuk Foo'. Â Washed Out has announced a new visual album, 'Mister Mellow'. It'll be out on 30 Jun. Here's a trailer. Â Stefflon Don has released new single 'Envy Us', featuring Abra Cadabra. Â Young Yizzy has released the video for new single 'Steppin'. Â So Below has released a new song, 'Ruin'. It's very good. Â Plan B will play the Globe Theatre in London on 24 Jul, not that he's claiming to be the new Shakespeare. You can sign up for the pre-sale here. Â Run The Jewels will play four UK shows in November, including Brixton Academy on 11 Nov. Support will come from Danny Brown, so that's quite a line-up. Â Mastodon will be touring the UK in December, finishing up with a show at Brixton Academy on 10 Dec. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Katy Perry still wants to make friends with Taylor Swift As previously reported, Swift ended her other long-running feud - with the free streaming platforms - last week, returning her entire catalogue to those services, most notably Spotify. The official line was that the move was "in celebration of '1989' selling over ten million albums worldwide and the RIAA's 100 million song certification announcement". However, many noted that Perry's new album was also out the same day and that Swift's streaming move grabbed all the headlines, and therefore took it as a refusal by Swift to accept the olive branch Perry has been waving about all over the place lately. Following her recent appearance on James Corden's 'Carpool Karaoke', Perry again tried to settle things over the weekend, saying in an interview with Ariana Huffington: "I forgive her and I'm sorry for anything I ever did, and I hope the same from her. I think it's time. There are bigger fish to fry, and there are real problems in the world". Has Swift's streaming play changed things at all though, that's the big question? Does Perry even think that her unwanted rival was actually being vindictive with the timing of her big stream announcement? "I don't know", Perry told US TV show 'Today'. "I can only do me. All I need to say to her is I love her, and God bless her on her journey. And that's it". Well if that's it, maybe we could just talk about Perry's new album. One song a lot of people are talking about is 'Swish Swish', which some think is an attack on Taylor Swift. A theory bolstered by the fact that it features Nicki Minaj, who's also had a Swifty run-in. "No, it's not about anyone in particular", said Perry. "And I've said that on the record. That might be your story but my story, which I know is true for me, is that I've not had just one person bully me or one person hold me down or met one troll". So there you go, Taylor Swift could end all of this today. Though given that she doesn't have a new album to promote at the moment, it's hard to see what's in it for her to do so. Ending feuds is more of a Q4 thing. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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