Earpollution is in search of long-term contributing writers and editors of all musical shapes and sizes to expand our already well-respected pool of mayhem makers and noise propagandists. We are looking for feature and editorial writers, as well as album and live review contributors.

We view our strong DIY ethic and our diversity of individuals as strengths, and feel our credibility as a webzine is directly linked to the respect we have for our readers' intelligence and our ability to share our passion for music in a non-commercial, non-obtrusive format. We are looking for that same belief in potential contributors. But you know that already...

As we are an independent media format devoid of the advertising and other flashy gimmickry that tries to make consumers out of readers, we do not draw an income--which means we can't offer monetary compensation for your words and opinions. But you know that already...

What we can offer is the chance to share your words, opinions and record collection with a truly global audience. Do you have bands, artists and ambient refrigerator noises you have always itched to share and wished more people knew about? Well, here's a chance to turn the whole world on to those sounds by joining a tight-knit group of intense personalities who have worked hard to create a well-respected, independent, viable web presence. But you knew that already...

If you can work well under pressure; perform the impossible on time, every time; put up with an over-caffeinated, under-rested editor; and create something fresh from the same six rock 'n' roll descriptive words each go-around, e-mail a letter of interest along with writing samples to: editor@earpollution.com.

States File Suit Against Record Labels

On August 8th, thirty States filed suit for an unspecified amount against Capitol Records, Sony Music, BMG Music, Universal Music, Warner Music, and music retailers Musicland (who owns Sam Goody) and Transworld (who owns Camelot, Music & Movies, Planet Music, and Tower Records), alleging that said defendants have conspired to fix the price of compact discs--something the states say has cost consumers millions of dollars. The suit claims that retailers strong-armed record companies to set minimum prices for retail CDs, and comes on the heels of a complaint by the Federal Trade Commission against the use of MAP (Minimum Advertising Prices) by record companies. MAP is used by record companies over retailers to control the retail floor price of music by denying retailers advertising allowances if retailers don't abide by it.

In their complaint, the FTC states: "Prior to the adoption of these policies, new retail entrants, especially consumer electronic chains, had sparked a retail price war that had resulted in significantly lower compact discs prices to consumers and lower margins for retailers."

Anti-trust attorney Peter Ward comments: "A court's going to have to find that the effect on the market was to impact resale prices. Price fixing is a cool deal, but you can't do it."

Dispute Over Hendrix Domain Settled

A United Nations arbitrator recently awarded the family of the late Jimi Hendrix the rights to the domain http://www.jimihendrix.com/. In a procedure introduced last year, the U.N. World Intellectual Property Organization is trying to stop "cyber-squatting," the term used for people who buy up domain names that are variations of famous persons or entities and then sell them back, oftentimes for an exorbitant amount of money. In the case of Experience Hendrix vs. Denny Hammerton of Minneola, FL, arbitrator Marylee Jenkins ruled that Hammerton had known that the Jimi Hendrix name and all rights related to it, including his music, name, image and recordings, were trademarked and owned by Experience Hendrix. Hammerton had registered the site as "The Jimi Hendrix Fan Club," but Jenkins ruled that the site was not operating as a fan club, nor was it any way connected with the legitimate offer of goods or services. Hammerton had originally offered to sell the domain name to Hendrix's family for $1 million.

Judge Rules Against MP3.com

On July 31st, a U.S. District Court judge ruled that MP3.com would only have to pay damages to five record companies according to the number of copyrighted albums, not songs (which was what the RIAA [Recording Industry Association of America] had originally asked for in their copyright infringement suit against the website). Filed in January against MP3.com's My.mp3.com, maximum damages were set at $150,000 when a judge first ruled in favor of the RIAA back in April. Obviously, this will save MP3.com a substantial amount of money; money that's already being spent to settle similar disputes and write up licensing agreements with Warner Music, BMG and EMI.

Culture Jamming and The Droplift Project

By dropping off their recently released disc of "culture jamming" and "infringing material" in record store CD bins as a protest against copyright restrictions on sampling, the anti-copyright collaborative project known as The Droplift Project is hoping to "raise awareness of fair use issues in music, along with exposing some unsuspecting people to the wonderful world of audio collage and the art of the sample."

According to their press release, The Droplift Project's intent was to: "Manufacture our own CDs, go into chain stores, and leave them in the appropriate bins. Down among the established pop hits and top 40 product, these CDs await those curious few who take them to the counter. Then what? Witness the confused faces of cashiers and customers alike when the CD does not show up in the inventory. But they'll most likely make the sale, and the CD known only as The Droplift Project will go home with yet another customer. Mission accomplished."

The act is being done as a protest against the RIAA mandate against CD pressing plants to curb "piracy" (sampling) and against record companies who "reject our works outright."

Pitchshifter Banned in Poland

Poland--birthplace of Pope John Paul II and, as such, a rather Catholic country to boot--has banned Pitchshifter's latest release, Deviant, based solely on the cover album's artwork (too bad they never got 'round to listening to the devilish thing). The cover, created by Crass' Gee Vaucher, depicts the faces of the Pope and the Queen of England meshed together in "brutal parody." According to the 'Shifter, the government has also warned and discouraged Polish promoters wishing to book the band for live appearances. This, of course, has led our favorite techno noise terrorists to attempt to play the country either late this year or early next to challenge the government's ban.

You might remember that the original artwork for Deviant--a brilliant parody of Norman Rockwell's famous Thanksgiving painting--was rejected by the band's label MCA, who feared the wrath of the Rockwell family. The Vaucher piece was hurriedly thrown together as an alternative.

Sadhappy Loses Founding Member

Word came last month from Evan Schiller--drummer of another eP fave, Sadhappy--that founding member, predominant songwriter and all-around bass god Paul Hinklin abruptly quit the band in midsummer without rhyme or reason. The current incarnation of the long-running Seattle band consisted of Schiller, Hinklin and bass supra-genius Michael Manring. Whether Schiller and Manring will continue on as a duo remains to be seen. However, Earpollution does know that Sadhappy had spent a fair amount of time recording new material in Schiller's basement studio, Periscope Recordings, and we can only hope they will eventually see the light of day and not remain submerged and forever forgotten like "ghostly submarines prowling deep, uncertain seas."

R.I.P. Jerome Smith, Tomata du Plenty, Jack Nitsche

KC and The Sunshine Band's rhythm guitarist and founding member Jerome Smith, who was crushed to death in a construction accident when he fell off the bulldozer he was operating. Smith is survived by his wife, 22-year old daughter and three-year old granddaughter.

David Xavier Harrigan, better known as Tomata du Plenty, lead vocalist for one of Los Angeles' biggest club draws, the Screamers (whose heyday was '77-'81). The Screamers were one of the original SoCal punk bands, one that frequently sold out L.A. clubs, and one that accomplished it without guitars. Described as "lo-fi psycho-Kraftwerk-meets-The Night Porter as performance art," the Screamers were known for their well-crafted stage productions, accomplished musically through an ARP Odyssey synth, a Fender Rhodes and minimal drums. Harrigon died in San Francisco from cancer at the age of 56, and is survived by two sisters.

Jack Nitzche, producer, arranger, composer and a rock 'n' roll institution unto himself, who died of a heart attack on August 25 in Hollywood. Nitzche worked alongside the likes of Phil Spector, The Rolling Stones, Neil Young and Tim Buckley, and also wrote soundtracks to such movies as The Exorcist, One Flew Over the Cuckoo's Nest, Stand By Me and An Officer and a Gentleman, whose song "Up Where We Belong" won Nitzche an Oscar. Nitzche was 63.

Congrats to eP's Paul Goracke

In happier news, Earpollution would like to wish much happiness and many modern kitchen appliances and other useless eccentricities for our very own Paul Goracke, who married his sweetie this past month.

Flying the Friendly Skies

In a flight that took fifteen (!!!) hours to go from New York to Seattle, and which at one point involved getting swabbed down for explosives by bored security agents at the Denver International Airport while killing a seven-hour layover ("Hey, that was fun! But I've still got six hours to kill. Let's try it again, but this time let's pretend that I actually do have explosives."), this editor had the chance opportunity to be sharing America's favorite game, Hurry Up and Wait, with U.S. Bombs guitarist Kerry Martinez. Martinez was en route from LaGuardia to Sea-Tac to join his bandmates and participate in a panel/rock show on punk and skateboarding, hosted by Paul Allen's Experience Music Project. Sharing beers in the shopping-aisle-like airport bar, we exchanged stories about Keith Richards and cocaine, friends punching out Ray Davies' girlfriend, and our mutual love for one Joe Strummer. Due to the unbelievable incompetence of Frontier Airlines (Hey, thanks for the $25 voucher. Oooh...aaaah! I can't even afford to get to the airport with it!!), Martinez ended up missing his gig, but reported that he was heading to California the next day with the rest of U.S. Bombs to start work on their next album, to be released on Epitaph subsidiary Hellcat Records.

Quote of the Month: Sonny Rollins

"Whenever I'm playing a particular song, I try to learn the ins and outs of the songs. I learn the chords, I learn the melody. And I learn the lyrics if it has words. Then when I get onstage and I'm going through an improvisation, why then I try to forget everything and let the subconscious take over. So that's really what I'm doing when I'm on the stage. First I learn the rudiments of the song, and then I let the music play itself." -Sonny Rollins on playing music.

Craig Young
Editor, Earpollution