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Sue Me, Sue You Blues 2006
March 3, 2006
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" You serve me, And I'll serve you, Swing your partners, all get screwed, Bring your lawyer, And I'll bring mine, Get together, and we could have a bad time. It's affidavit swearing time, Sign it on the dotted line, Hold your Bible in your hand, Now all that's left is to Find yourself a new band ... We're gonna play the sue me, sue you blues."
-- George Harrison, from 'Sue Me, Sue You Blues'Well, after reading about the lawsuit CBS Radio filed this week against Howard Stern, his company One Twelve, Inc., his agent Don Buchwald, his agent's firm Don Buchwald & Associates, Inc. and Sirius Satellite Radio, Inc., those George Harrison's song lyrics came to mind. If you haven't already heard about this, you might have missed it when it was a JEOPARDY category originally titled ' What Happens When you Lose Your Major Talent And Your Prime Time Morning Ratings Tank.' (And remember, your answer must be in the form of a question please)
The lawsuit seeks compensatory and punitive damages for multiple breaches of contract, fraud, unjust enrichment, and misappropriation of CBS Radio's broadcast time. It further seeks damages from Sirius Satellite Radio, Inc. for "unfair competition and tortuous interference" with Howard's CBS contract. Hmmmn, I'm no legal expert, but the question that comes to my mind immediately for CBS might be: "Why did you let Howard stay on the air then all that time promoting Sirius?" But of course we know the answer to that don't we? Because of the huge amounts of money pre-sold on those stations to buy time on Howard's show and while Howard was still on-the-air on those CBS stations, the ad dollars were still pouring in BIG time.
Of course Stern is fighting back and threatens to reveal his side of the story in court. I hope we get to read some of the transcripts if this thing ever goes to trial. But the fact is, in the end the only real winners will be the law firms that bill the clients thousands of hours and tens of thousands of dollars. Just looking at it from the outside, I have doubts that Sirius would've signed Stern to such a lucrative deal if they felt such legal retaliation was in the wings. Maybe they did and didn't care because they knew how much Howard brought to the table. As for now we'll just have to hear about what's going on from Howard or CBS Radio press releases or court filings.
In other legal going-ons, at least two music industry sources said this week that the Department Of Justice's " has opened an investigation into online music pricing at the world's major music labels." (See first news story below 'DOJ Opens Probe Into Online Music Pricing: Sources') I guess they liked the results New York Attorney General Eliot Spitzer got into his "new payola" investigation and figured where there's big settlement money so soon, they can possibly get in on the action another way. Who knows?
Now I wouldn't want anyone to think that our government waste too much taxpayers' money on such things but in 2001 the DOJ investigated digital music pricing in 2001 and that case was dropped after two years, without any anti-trust charges filed.
The new probe seems focused on the same issues, which included whether the labels colluded to set wholesale pricing for song downloads. Of course the investigation also could be related to licensing renegotiations with Apple, since its iTunes store has now become a global leader in song sales, recently surpassing one billion sold.
Steve Jobs believes strongly in the 99 cent price model, and many music industry leaders have been talking about variable pricing (one outspoken advocate has been WB's Edgar Bronfman), and still others want lower prices, so I have no idea whether any of the labels could have colluded to set wholesale pricing for something they all want more/different revenues from.
But, hey, what do I know. I'm just an observer. If any of you label execs reading this think this whole investigation is something worthwhile, please drop me a line.
But these lawsuits and investigations sure remind us all that this is too often the music BUSINESS ... and not the business of music.
DOJ Opens Probe Into Online Music Pricing: Sources
LOS ANGELES (Reuters) - The U.S. Department of Justice has opened an investigation into online music pricing at the world's major music labels, sources familiar with the matter said on Thursday.
The DOJ probe closely tracks a similar investigation by New York State Attorney General Eliot Spitzer into the pricing of digital music downloads, the sources said.
One music industry source said some subpoenas may have been issued already in connection with the probe, while other labels had been tipped off that subpoenas would likely be coming in the next few days.
Read more about it by clicking here.
Can't Stop The Music: 'Idol' addles rivals as Fox jolts primetime
On Feb. 21, the Olympic Games staged a last heroic run at "American Idol." NBC loaded its primetime with women's figure skating -- the biggest draw for women viewers -- and its last bankable star, Sasha Cohen. If the Olympics were to unseat Fox's reality juggernaut, this was the night to do it.
But "Idol" made like the Austrian ski team, prevailing in all categories and bringing in nearly 30 million viewers. It even gained viewers as the night wore on.
Read more about it by clicking here.
Apple Launches New Intel Mac Minis, iPod Hi-Fi
CUPERTINO, Calif.--Apple Computer on Tuesday introduced its third Intel-based Mac, a revamped version of its petite Mac Mini. The new Mac Mini will be available, starting immediately, in two models. The low-end model sells for $599 and comes with a 1.5GHz Intel Solo single-core chip, a 60GB hard drive and a combo drive that can play DVDs and burn CDs.
Apple also unveiled the "home stereo quality" iPod Hi-Fi, which Jobs said is of higher quality than the speakers available today. The large speaker system comes with an iPod dock built-in, as well as an auxiliary port to connect an iPod Shuffle or other device.
Read more about it by clicking here.
I Told You Not To Spend Too Much Money On Those DVDs & Players
First Blu-ray Titles In Stores May 23, 2006
(From Audiovideo.news.com)Sony Pictures has announced the first titles for the Blu-ray format will be available in stores May 23, 2006. These titles include: 50 First Dates, The Fifth Element, Hitch, House of Flying Daggers, A Knight's Tale, The Last Waltz, Resident Evil Apocalypse and XXX. The second offering titles will be available on June 13, 2006 and will include Kung Fu Hustle, Legends of the Fall, Robocop, Stealth, Species, SWAT and Terminator. Other titles to be released include Blackhawk Down, Bridge on the River Kwai and possibly others in the near future.
Samsung will be first to market with a Blu-ray player. Prices for this player and any pending Sony players are not yet available. HD-DVD players are slated for release on March 15, 2006 priced at $500 and $799 from Toshiba. It is safe to assume the very first generation Blu-ray players will be priced in the same ball park. Oddly, Sony isn't first to market with Blu-ray players.
Read more about it by clicking here.
'Copyright Criminals' Look To Remix The Noise--Legally
When Paul Miller, aka DJ Spooky, says he thinks musicians should be able to remix samples of others' clips into new works, he puts his money where his mouth is.
Miller is part of a group of musicians including Public Enemy's Chuck D; Parliament Funkadelic's George Clinton; and the band De La Soul who are allowing the public to mash up audio snippets from interviews they've given into submissions for a new remixing competition.
The Copyright Criminals Remix Contest, which is sponsored by the nonprofit copyright licensing organization Creative Commons, is all about promoting remixing culture and encouraging artists like Miller to make their work legally and affordably available for other musicians to manipulate.
Read more about it by clicking here.
Hollywood Unions Cry Foul Over iPod Download Residuals
Hollywood's labor unions are blasting ABC because they say the television network did not bother to bargain with them over residuals from iPod downloads of such hit shows as "Desperate Housewives" and "Lost."
The Writers Guild of America, Screen Actors Guild and Directors Guild of America have all come out swinging this week in a battle brewing ever since the network announced its plans last October to make some of its shows available via Apple's iPod.
Read more about it by clicking here.
STONES PLAY CHINA
The Rolling Stones planning their first-ever concert in China at Shanghai's 8,000-seat Grand Stage stadium. The April 8th gig comes three years after the rock legends scrapped a pair of shows due to the SARS outbreak.
GET WELL WISHES
Sheryl Crow announcing Friday that her breast cancer surgery was successful and that she will begin radiation treatment. The Grammy winner has postponed her North American tour to focus on her recovery.
WONDER WHAT THEY TALKED ABOUT?
Jessica Simpson took a break from filming her upcoming movie Employee of the Month to dine with New Mexico's Governor Bill Richardson and his wife at the governor's mansion.
LIFE AFTER JESSICA
Meantime, Jessica's ex-hubby Nick Lachey said in STAR this week: " You don't want to spread yourself so thin that you're mediocre in everything." Um-hmmmn. One of Nick's upcoming projects is an infomercial with Brooke Burke.
MARIAH NOTCHES ANOTHER AWARD
Mariah Carey's Emancipation of Mimi winning best album at Saturday's 37th Annual NAACP Image Awards. Mariah Carey also launching a jewelry and accessories line called Glamorized. "Wear it and you'll be Hot Tamale," she states on her website. ( She makes no guarantees though you'll get signed to a big time recording contract and sell gazillions of CDs)
BAKERSFIELD HONORS KORN
Rock group Korn honored by their hometown, Bakersfield, after the city named a small stretch of road near the local arena "Korn Row."
WHATEVER HAPPENS IN VEGAS, DOESN'T ALWAYS STAY THERE
Two Las Vegas nightspots, the Tao Asian Bistro at The Venetian and Body English at the Hard Rock Hotel, issued warnings for allowing Paris Hilton's underage boytoy, Stavros Niarchos, into their restaurants on New Year's Eve.
MADONNA DOES COACHELLA
Madonna joining the April 30 lineup for the 2006 Coachella Valley Music and Arts Festival prior to launching her own summer tour. "I've never performed at a festival and I'm especially excited about playing at Coachella before I start my own tour," the singer said in a statement.
NEW JAM ON THE WAY
Pearl Jam announcing the upcoming release of the band's self-titled eighth studio album on May 2.
COMING SOON!
- Neko Case, Fox Confessor Brings the Flood (3/7)
- Donald Fagen, Morph the Cat (3/14)
- Prince, 3121 (3/14)
- Tim McGraw, Greatest Hits Vol. 2 (3/28)
- Morrissey, Ringleader of the Tormentors (4/4)
2006 Industry Conferences
Date Name Location South by Southwest (SXSW) March 10-19, 2006 Austin, TX CEA Entertainment Technology Policy Summit March 14-17, 2006 Washington, DC Digital Hollywood Spring March 28-30, 2006 Santa Monica, CA MusExpo 2006 April 30-May 3, 2006 Los Angeles, CA Streaming Media East 2006 May 23-24, 2006 New York, NY Home Entertainment 2006 June 1-4, 2006 Los Angeles, CA
Quotes of the week
" I clearly misstated my academic record, and the responsibility for these misstatements is mine alone. "
-- David Emondson, Former Radio Shack chief, who resigned last week after admitting he had no college degree even though his resume listed two." Being Hollywood is more fictional than being in Hollywood. "
-- George Lucas in Washington D.C., speaking at a White House ceremony where his company, Industrial Light & Magic, was awarded the National Medal of Technology." Former President Bill Clinton took out an ad. He wants to hire interns for his presidential library. He's looking for 25 interns to fill 75 positions. If you'd like to respond to the ad, go to the Lane Bryant website and click on the link. "
-- Jay Leno
NARIP Information
NARIP (The National Association of Record Industry Professionals) promotes career advancement, education and good will among record executives. To find out more about this great organization, how you can join or attend their events, just go to: www.narip.com.
The B-Side - 'Blips'
FOR THOSE WHO STILL HOLD ON TO THE BELIEF THE COUNTRY IS NOT DUMBING DOWN, NOW THIS: CHICAGO (AP) -- Americans apparently know more about "The Simpsons" than they do about the First Amendment. A new survey shows more than one in five Americans could name all five Simpson family members -- but, only one in 1,000 people could name all five First Amendment freedoms. And, more people could name the three "American Idol" judges than identify three First Amendment rights. The poll was done for the new McCormick Tribune Freedom Museum. Joe Madeira, director of exhibitions at the museum, said, "We have our job cut out for us" when the museum opens in April. (Yup, you sure do Joe ... you and the nation's public school system)
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