Does anyone else here think it's time for a Celebrity Deathmatch between Napster's Shawn Fanning and the RIAA's (Recording Industry Association of America) Hilary Rosen? Hell, maybe throw in Metallica's Lars Ulrich for good measure. Okay, let's keep it short and quick. On March 2, U.S. Ninth Circuit Court of Appeals judge Marilyn Patel reinstated the injunction against Napster and told the music swapping service to begin blocking access to files within seventy-two hours of receiving official notification that said files are copyrighted. Patel further told Napster to use all "reasonable means" to identify and block file name variations of copyrighted works. The RIAA supplied Napster with a list of some 675,000 copyrighted works and Napster began blocking access to those files and also began filtering possible file name variations.

Thus began Napster's mighty demise, as the company has claimed a fifty-seven percent decrease in total available files by mid-month, saying they had successfully blocked over 275,000 unique songs and 1.6 million unique file names. Still, this wasn't good enough for the RIAA, who on March 27 entered a non-compliance filing with the U.S. District Court, claiming that Napster wasn't doing enough to effectively block all the copyrighted works that had been submitted. Napster CEO Hank Barry responded in kind by accusing the RIAA of not cooperating with the injunction by not providing Napster with variations of file names.

He said...she said...did not...did too. And it just keeps going 'round and 'round and 'round.

As we all know, what fails to get addressed is that there are a number of other Internet resources for obtaining illegal copies of copyrighted songs, ensuring that even if Napster sinks entirely it won't stop the online trading of music. As has always been painfully obvious, the industry is woefully behind technology, and instead of looking to actively embrace its possibilities to outfox the likes of Napster (what useable technology has the SDMI actually come up with on a broad scale to date?), they instead spend their legal time shutting down avenues they should be better exploring. And, of course, what also doesn't get readily pointed out is that the copyright holders in question here are not the actual artists who created the musical works that are being illegally traded online--it's the record labels, who themselves have a well-greased machine for plundering the creative riches of an artist without justly compensating them, which is not unlike Napster, eh?

Artists Urge Musicians Coalition

And speaking of that very issue, Don Henley recently spoke out on the subject. "In my almost forty years in this business, I've never seen the level of hostility the labels have for artists right now. It borders on contempt." Henley--who helped found the Recording Artists Coalition, a group who last year worked to overturn the controversial "Work for Hire" amendment to the Copyright Act of 1976--feels that "just as the labels have the RIAA to represent their interests" artists, too, need a trade group to represent them. Henley is not alone. The Recording Artists Coalition currently boasts fifty-seven members, including the likes of Courtney Love, Bruce Springsteen, Tom Petty, Billy Joel, and Sheryl Crow--and are planning several benefits to raise money to hire a full-time lobbyist.

Puffy Daddy Now P. Diddy

On the heels of his acquittal on gun possession and bribery charges (thanks to having Johnny Cochran in his corner), Sean "Puff Daddy" Combs announced that he was changing his name from "Puff Daddy" to "P. Diddy," and that the new "P. Diddy" would not be about the "bling-bling." While we understand some of the (publicity) motive behind wanting a name change, we just couldn't wrap our head around "bling-bling." Asking our ten-month-old nephew what "bling-bling" meant, he just laughed, replied with "ga-ga," and began drooling on himself. Then turning on the television, we happened to catch the Swedish chef from The Muppets, who himself had this to say about the "bling-bling": "Mmm...bork-bork." Go figure.

MP3.com Gives Preferential Treatment to Those Who Pay

Where MP3.com was once hailed as an alternative and affordable means for independent artists to promote their music, the company has now began discriminating artist uploads based on which service, if any, the artist has subscribed to. In a recent exchange on the IDM mailing list it was brought to light that MP3.com has implemented the "Premium Artist Service," whereby subscribing artists are billed $19.95 a month, which guarantees their uploads will get immediately approved and uploaded. IDM mailing list members who were not part of the "Premium Artists Service" claim that it is taking MP3.com ten to fourteen days to approve and upload songs when it used to take two to four. Needless to say, one of many communities which have built up MP3.com's credibility and usability as an alternative means of promotion and distribution are upset, and rightly so, with what they see as profiteering at their expense.

R.I.P. The Fenix Underground, OK Hotel

While I now know what it feels like to be in a massive washing machine overloaded with laundry and stuck on spin cycle after February 28th's 6.8 earthquake here in Seattle, Earpollution is sad to report that damage from the earthquake has forced the closure of two Seattle clubs: The Fenix Underground, and the OK Hotel.

Both clubs were located in one of Seattle's oldest neighborhoods, Pioneer Square, and both were owned by developer John Goodman. The Fenix occupied the 111-year-old Cadillac Hotel, which was one of the first buildings built after the Great Seattle Fire of 1889. While it's not yet known how much it will cost to repair and/or rebuild, as stated on their website: "The Fenix shall rise again!" But the OK Hotel, sadly, could be another story. Goodman already had plans before the earthquake to tear down the eighty-seven-year-old building and turn it into a parking lot (nice idea, Goodman, you pompous fuck!). But even though both the Cadillac and the OK Hotel aren't designated landmarks, they both sit in a historic district, which means that demolition isn't a sure thing. And now that the earthquake has raised media attention regarding the neighborhood, we hope the OK Hotel won't come down without a good fight, if it comes down at all. Built in 1914 as a 192-room hotel, the OK has long been known as one of Seattle's finest clubs, and readers might remember it being predominately featured in the Cameron Crowe movie Singles.

Earpollution wishes both clubs and its employees the best from this worst situation. We have many fond memories of seeing numerous bands in both clubs.

R.I.P. John Phillips

Rest in peace John Phillips, singer/songwriter and co-founder of The Mamas and The Papas. Phillips, who penned "California Dreaming" (among other notable Mamas and Papas tunes) and who also helped organize the Monterey Pop Festival, died of heart failure at the age of sixty-five. He is survived by his fourth wife, Farnaz, three daughters, two sons and two stepdaughters.

Joey Ramone Battling Cancer

Best wishes for recovery to Ramones singer Joey Ramone (real name Jeffrey Hyman), who was reported last month to be in a New York hospital battling lymphoma. Joey's publicist reported that the singer was doing "better and better," spending his time catching up on old episodes of The Sopranos. All the best!

Lawyers Blame Slayer for Death of Girl

After a judge originally ruled that enough evidence wasn't presented to warrant taking their case to trial, lawyers representing the parents of Elyse Pahler, whose fifteen-year-old daughter was sadistically killed by three boys who claimed that Slayer's music made them "do it," are filing a third amended complaint in a California Superior Court against Slayer, Columbia Records, Sony Music, and others, charging that Slayer et al violated the California Business and Professions Code by knowingly marketing obscene material to minors.

When the complaint was first issued, the judge didn't initially dismiss it, instead requesting that more evidence be first presented. Lawyers Allen Hutkin, along with co-counsel Patrick Coughlin (whose firm, Milberg Weiss Bershad Hynes & Lerach LLP won a suit against tobacco giants R.J. Reynolds) believe that their revised, fifty-page complaint, in which they provide research showing how destructive music is targeted towards children, will be enough evidence to grant a trial.

Royce Casey, Jacob Delashmutt and Joseph Fiorella, all underage when the crime took place in 1995, were all convicted of murder and are each serving twenty-five-to-life sentences at different California prisons. They are also named as defendants, along with American Recordings, Rick Rubin, and about every producer and record, publishing and distribution company related to the band. In a statement at the time the three boys claimed that in raping, torturing, and finally murdering Pahler, they were merely following explicit instructions from such Slayer songs as "Kill Again" and "Necrophiliac"--believing that after completing the brutal acts their band, Hatred, would rise to success. Fucking idiots.

Marilyn Manson Fan Barred from Wearing T-Shirt

An Ohio Court of Appeals denied a claim by former Van Wert High School student Nicholas Boroff that his right to freedom of speech was denied when the school banned him in 1997 from wearing a Marilyn Manson t-shirt which featured a picture of Jesus that had the words "believe" with the letters "l-i-e" highlighted. The school called the shirt: "Vulgar, offensive and contrary to [our] educational mission," and told Boroff to change the shirt or leave the school and be considered truant. Boroff sued but a judge ruled in favor of the school district.

Ozzfest: 1 - Mormons: Ø

In other Manson-related news, The Heritage Trails Wagon Train have rescheduled a planned re-enactment of the path taken by early Mormon pioneers from Utah to Southern California after discovering that Glen Helen Regional Park in Devore, California--where the covered-wagon, full pioneer-attired Mormons planned on ending their two-month trek with a three-day festival--would also overlap the park's plan to host the Ozzfest 2001 summer festival (which includes Marilyn Manson). Even though the park is big enough to accommodate both groups, park officials asked the wagon train to change its itinerary rather than chance a clash between wagoneers wearing Little House on the Prairie attire and concert-goers dressed in Slipknot jump suits.

Personally, Earpollution was hoping both groups would share their respective experiences. We were hoping to see Mudvayne attired youths cooking Indian bread in Dutch ovens while the Mormons moshed to the minstrels of Marilyn Manson. Too bad.

Queen: the Musical

Yes, it's true. Queen guitarist Brian May confirmed that the band have been working with playwright Ben Elton on a musical script of the band's career. Says May: "Ben came up with this great idea, so we've been workshopping it privately and possibly by the end of this year or the beginning of next year we hope it'll be on in the West End."

Surely this is one of the signs of the end of the Apocalypse.

KCMU Becomes KEXP

Thanks to the help of Paul "Daddy Warbucks" Allen, by the time you read this, Seattle college station KCMU--which all around kicks ass--will have substantially upped its wattage, moved into better studios, drastically increased its financial support, and will only have changed their call letters from KCMU to KEXP in the process. "This is an exciting opportunity for us to take the station into the new century," says KEXP Executive Director Tom Mara. "Through collaboration with EMP, we can do everything KCMU has been doing well, and do more of it. The new high-tech facility, increased support for even more programming for our current format, and working together to create educational opportunities will really make KEXP 90.3 FM an exciting public radio station unrivaled in its diversity and quality."

While it appears KCMU gains everything from this "exciting opportunity," and while we wholeheartedly support them, we have to wonder just what, besides indie credibility, Paul Allen is getting out of the whole deal. However, we're not complaining...yet. According to Experience Music Project, the joint venture between EMP, KCMU, and the University of Washington (who holds the broadcasting license) will not effect the station's format, ownership, or staff. Best of luck!

Man Sentenced to Ninety-Nine Years for Killing Musician Who Did Not Know Requested Song

A Corpus Christi, Texas, jury sentenced forty-eight-year-old Ramon Cabrera to ninety-nine years in prison for killing David Saenz, because Saenz could not play "El Guajolote" ("The Turkey"). Witnesses said Cabrera and Saenz, neighbors and considered to be friends, were both drinking when Cabrera insisted Saenz--who sang for his neighbors and played guitar and accordion--play "El Guajolote." Saenz claimed he did not know the song. An argument briefly ensued with Cabrera leaving only to return several minutes later with a .38 caliber pistol, which he promptly used to blow a hole in Saenz's forehead with. Saenz died with his guitar and accordion at his feet. Cabrera will be eligible for parole in thirty years.

Quote of the Month

"So what I did [was], I related the bass to [the] concept. I visualized each string of the bass as a band of light, and I saw the bow of the bass as a prism, and when I bowed the bass it was like sending light through a prism. As white light, it would get broken up into different color bands. I looked at each sound, each harmonic as a different color band. And each color band could do a different thing. So I wasn't just studying scales, I studied a method of relating these ideas of vision, color and sound, and what sound could do, like mantras and trance chants, you know, so this was my guide and my underlying aesthetic, that each sound had to have a reason and each sound had to do a specific thing. [...] I was seeing different colors in my head at that time. And at that point I came across the discovery of the tone world. What I mean by that is that every time you play music, or do something beautiful, or uplift yourself, you can go into this corridor of light. If you play the right tones, there's a door there at the end, and inside are all the secrets of life. Every time you play, if your eyes are closed and you're into it, if you play the right tone combinations, you're allowed to go into the room and take a secret of life out, and it's yours to keep. Then the music comes back down, and you leave the room and you come back to your normal state. This is something we call genius. This is where we get inspiration, it's passed down to us. We have to somehow get to the state where the music flows through us."

Jazz bassist William Parker on genius and inspiration, published in Signal to Noise Issue #1 (September/October, 1997).

-Craig Young
Editor, Earpollution