CMU Daily 20.07.16: French court won't ban the word 'torrent' from search engines, Deezer launches in US, Shempire open again

French courts reject search engine ban on the word 'torrent'
While many in the music industry would probably rightly argue that Google and its ilk should be doing more to combat piracy - principally by de-listing websites that the courts have deemed rampant copyright infringers - a blanket ban on the word "torrent" is surely a step too far. Well, that's what the French high court has ruled anyway.

French record industry trade group SNEP has failed in its attempt to force Google and Microsoft to introduce a filter that would basically stop the two firm's search engines from returning any results if a user typed in the word 'torrent' alongside an artist's name - three specific artists were identified in the lawsuit. The trade group also wanted the search engines to basically block searches for websites with 'torrent' in their name.

The label group's argument went that when an artist name is paired with the word 'torrent' in a web search, the vast majority of the links that appear are to copyright infringing content. Which is possibly true, though - of course - the BitTorrent protocol is just a clever way of sharing content over the internet and can be used for entirely legitimate sharing too.

Now, the "we have legitimate uses too, don't you know" defence didn't work for specific file-sharing technologies and platforms when facing allegations of authorising or contributory copyright infringement in most courts. But the BitTorrent protocol isn't quite the same as the Kazaa or LimeWire apps, or The Pirate Bay's website.

According to The Register, in responding to the action against Microsoft's Bing, the French court said: "[SNEP's claims] do not concern an identified site, but all sites accessed by the requested terms, regardless of the identification and even determining the content of the site ... The measures sought are similar to general surveillance measure and could cause the blocking of legitimate sites".

Meanwhile Torrentfreak - which could itself have been blocked under the proposed ban - adds that the court noted how the word 'torrent' has meanings beyond the file-sharing protocol in both French and English. And even the P2P definition of the word "refers to a neutral communication protocol developed by the company BitTorrent that enables access to lawfully downloaded files".

So, injunction denied SNEP-ers. Though, while this case was always somewhat optimistic, there remains the argument that somewhere between identifying specific URLs that host copyright infringing content and the blocking of broad search terms, there is something significant that a Google or Bing could and possibly should be doing.

Which is to say, the aforementioned delisting of sites like The Pirate Bay and Kickass Torrents if and when a court concludes that those sites are sufficiently liable for copyright infringement to be blocked by local internet service providers.

Beggars Group warns US customers of website hack
Beggars Group has warned that customers' credit card information may have been compromised, after the website of its US distributor was hacked.

A letter to potentially affected customers sent earlier this month, and published by the California Department Of Justice, states that in May "suspicious files" were discovered on the website of Matador Direct, which distributes records released by Beggars Group labels in the United States.

The files were removed and a cyber security firm was employed to assess any possible risk. It was found that customers who placed orders through the various Beggars websites operated by the distributor between 28 Apr and 4 May this year may have had personal details intercepted by a third party. This includes credit card information and account passwords.

Passwords for all potentially affected customers have been reset, and the company says that it has "remediated the websites and continue[s] to strengthen security of the websites". Customers are also advised to "remain vigilant to the possibility of fraud and identity theft".

Shempire re-opens after roof work is completed
The Shepherd's Bush Empire is open for business again, and with a working roof and everything. By working, I mean it keeps the rain out. Not that we need that at the moment. With this sudden heatwave, it would actually be quite nice if there was a big fat hole above the auditorium to let in some fresh air. Typical, isn't it? Roof falls in during the winter, you spend a fortune fixing it, the hole is gone, and then God sends a heatwave. But then God famously hates pop music. Especially when performed in Shepherd's Bush.

Though please stop saying that the Shempire's roof "fell in", will you? "Contrary to reports, nothing collapsed, nothing fell in, nothing fell down or otherwise", says the venue's GM Bill Marshall. "During a routine inspection we discovered that an isolated section of our roof was in need of attention and it was a wise decision taken by our board back in December 2015 to start work straight away".

As you may remember, that decision to start work straight away was taken just before a Courteeners gig was due to take place in December. It was initially hoped the building work could be done within a few weeks, but it ended up taking months, with a plethora of shows having to be shifted to other venues in London.

Thanking everyone for their patience, Marshall explained earlier this week that the work proved to be more time consuming than hoped because of the age and listed status of the building. "[The] repairs to the roof and its supporting structure had to be accurate and faithful to our original Frank Matcham design, as well as being safe, sound and secure", he said. "We are extremely grateful for the advice from our many building experts and structural engineers".

He added: "Most certainly a challenging project for all concerned due to our listed status, our roof is obviously one of the most important parts of the building. It was a major and intricate project that involved supporting the entire building structure from inside 'up', from recording every load balancing point to preserving the venue's original early 1900s architecture and interior balcony facades".

So next time you're at the West London venue, please do look up, a lot of work went into that not-falling-down roof. Oh, and then move your head around and take in the rest of the splendour. "Being closed to the public for six months gave us a small window to address a number of other areas for improvement, which we hope you'll take notice of next time you visit and we'd really appreciate your feedback", says Marshall.

That includes rejigging the PA for better sound, giving the entire auditorium a thorough clean, uncovering some signage from the venue's days as a BBC studio, better toilets and a better cooling system. So see, you don't actually need a hole in the roof to get some fresh air into the building after all.

Useless O2 is still jamming its brand into the venue's official name, though I suppose all that tel co dosh will be coming in extra useful now that Live Nation's Academy Group has had to pay all those builders and such like, so we'll let them off. For now.

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Richard Branson invests in Sofar Sounds
That there Richard Branson - you know that there Richard Branson, right, yeah, that's right, that there Richard Branson - well, he has invested some of that cash of his into the gigs-in-weird-places company Sofar Sounds. And why not, I say. They could put on a gig on one of Branson's trains. Because they are very weird places.

"Like all the best ideas, Sofar Sounds started life as the solution to a personal problem somebody was facing", writes Branson in a blog post about his new investment. "Co-founders Rafe Offer, Rocky Start and Dave Alexander were fed up of going to gigs and hearing people talk and play on their phones rather than engage with the artist. So they began organising secret, intimate gigs in their living rooms with the simple idea of making every show magical".

Sofar Sounds reminds Branson, he says, of the recording studio he opened in the early days of Virgin Records, which came about after he "had the idea of turning my home into a music hub, where artists could practice, write, record, relax and perform. This vision turned into The Manor, where everyone from Mike Oldfield to The Rolling Stones, Frank Zappa to Paul McCartney played. Later, I originally conceived of Necker [Branson's Caribbean island and luxury resort] as a recording studio and retreat for artists, and we still often have performances everywhere from the beach to the tennis courts".

"In the years since, the idea of music being performed in unusual, spontaneous places has slowly been eroded by established concert venues and protocols", Branson muses on. "You know the drill: go to a soulless hall, look into the distance while a band plays on a raised stage, and everyone stands around looking at their phones. The connection between artist and listener was being lost. This is where Sofar Sounds comes in".

The average Sofar gig doesn't take place on a Caribbean island, but they are still kinda cool. "So far there have been more than 4000 Sofar Sounds events featuring over 12,000 artists, and they are growing fast", Branson says of the firm he has just invested in. "There will be 290 events this month, and the average show is oversubscribed by ten to one. This is the main reason I am excited to be investing in Sofar - the opportunity to help it expand and reach even more music fans. By creating more events in its inimitable style, they will in turn be able to support even more artists".

Hurrah! Sofar is short for 'songs from a room' by the way. It has nothing to do with gigs being held in people's homes so that you can enjoy them sitting on a sofa. Which I may or may not have assumed when first hearing of the venture back in the day.

Deezer not bothered which Americans sign up now
Deezer is available in the US, everyone. Alright, yes, Deezer Elite was there already, but come on. And, yes, the streaming firm had already made its standard option available through a partnership with Cricket Wireless, in part facilitated by its purchase of Muve Music last year. However, the thing to note here is that Deezer has never been available to everyone in the US before. So, basically, I got the words in the first sentence there a bit jumbled up. I'll try again. Deezer is available [to] everyone in the US. Happy now?

Back in the good old days when every statement that Deezer made seemed like a parody (2011), the company claimed that it had no intention of launching in the States at all, ever. In fact, it said that it had decided to stay out of the US and Japan because together they "only represent 25% of global music consumption".

Now it seems that a portion of that quarter of all the world's music listeners is of interest, so yesterday Deezer switched on its service Stateside. The other reasons cited for not hitting the US back in 2011 were "market saturation and low growth forecasts". Although the marketplace is perhaps now a little less crowded, certain rivals that have been happily streaming Stateside over the last five years have seen significant growth, in some cases putting them somewhat ahead of Deezer in terms of paying users.

Though Deezer does seem to be launching in the US without a loss-leading freemium level, which is possibly easier to do now that no-freemium-thanks Apple Music and Tidal are key competitors, rather than just Spotify.

Whatever, Deezer's Global CEO Dr Hans-Holger Albrecht shouted yesterday: "We are THRILLED to make Deezer available to all music fans in the US, at a time when the company is growing stronger and developing new technologies that enable us to deliver a much more personalised experience. We've already received an overwhelmingly positive response since offering Deezer via our partners Sonos, Bose and Cricket, and now look forward to making our service available to everyone".

I just noticed that Deezer is also claiming to have "the world's biggest music library" now, so maybe it's still got a bit of that outlandish spirit of yesteryear in it. Maybe that dream of launching in more countries than actually exist is still alive.

Björk to bring VR exhibition to London, announces Royal Albert Hall show
Björk is bringing her previously reported virtual reality exhibition to London, coinciding with a live performance at the Royal Albert Hall in September. The exhibition will take up residence at Somerset House in London from 1 Sep to 23 Oct.

Announcing the news, the musician said on her website: "I am so excited to invite you all to [the] 'Björk Digital' exhibition at Somerset House. We are showing the virtual reality videos from 'Vulnicura' on dozens of headsets and premiering in London some pleasant surprises".

"This is a further step into completing the full 'Vulnicura' VR album which will come out soon", she added. "I feel the chronological narrative of the album is ideal for the private circus virtual reality is. A theatre able to capture the emotional landscape of it, I've put importance in the exhibition on the interactive element, that folks can watch 'Vulnicura' on VR and try [app-based album] 'Biophilia' with iPads".

She will also appear in actual reality at the Royal Albert Hall on 23 Oct, backed by an actual real orchestra. Tickets go on sale this Friday.

'Björk Digital' opened in Sydney last month before transferring to Tokyo.

Unknown Mortal Orchestra release First World Problem video
If you've listened to 6 Music lately, you've probably got 'First World Problem' by Unknown Mortal Orchestra stuck in your head. I'm afraid this really isn't going to help you get shot of it.

The band have just released the video for the stupidly catchy track, of which co-director and choreographer Kiani Del Valle, who also features as a dancer in the vid, says: "With 'First World Problem', I aimed to create a dialogue between both art forms. I wanted the video to be the response to Ruban's lyrics and musical melodies rather than showing literally what the song is saying".

"There are always two sides to one story and the video piece is her side of the story", she continues. "I am a heavy fan of silent films and how unspoken language could add a second layer to the one we speak. The directorial collaboration with James Lees came really organically as we have been planning for a while to do something together. James is really good at storytelling and has a great eye, while I am more abstract and conceptual".

Watch the video for 'First World Problem' here.

Skepta cancels Lollapalooza appearance due to "ongoing visa issues"
Skepta will not perform at the Lollapalooza festival later this month. Announcing the news in a tweet, the festival blamed "ongoing visa issues" for the rapper's withdrawal.

The festival's flagship edition in Chicago is due to take place from 28-31 Jul, with Skepta's Friday afternoon slot now filled by Joey Purp. The grime MC himself has not commented on the cancellation.

This is the second time Skepta has had to pull out of a US festival appearance this year, after a visa was refused in April ahead of Coachella and a planned US tour. "Love to everybody that wanted to see me on tour this month, my US visa has been denied and I am not allowed in America right now", he tweeted at the time.

Having to replace Skepta is the latest piece of bad luck to hit the Lollapalooza franchise, the Colombian edition of the festival being cancelled entirely earlier this month, after a headliner (thought to be Rihanna) pulled out shortly before the line-up was due to be announced.

Universal, David Lynch, Afropunk London, more

Other notable announcements and developments today...

• Maria Alonte is now SVP of Film & Television Synchronisation for the US-based Universal Music labels Def Jam, Republic and Island. She previously worked as SVP Film & TV at Dr Luke's label and publishing firm.

• Rebecca Kane Burton, currently General Manager at the big fat O2 tent in London, is moving over to Really Useful Theatres where she will be MD. Really Useful chief Andrew Lloyd Webber is "absolutely delighted" with the hire, while Kane Burton herself is "THRILLED' about her new gig.

• There's a new book coming out about the music in the films of David Lynch called 'Beyond The Beyond'. The book "so perfectly describes my music, and our longtime, warm and personal working relationship", says the director's long-time musical collaborator Angelo Badalamenti.

• Alt-J drummer Thom Sonny Green has released another new track from his upcoming solo album. Here's 'Palms'.

• Billy Bragg and Joe Henry have released another track from their forthcoming album of railway-themed covers. This is their version of Jean Ritchie's 'The L&N Don't Stop Here Anymore'.

• Here's Sleigh Bells' new single, 'Hyper Dark'.

• Goat will release new album 'Requiem' on 7 Oct. From it, this is 'Try My Robe'.

• Connie Constance has released her new single, 'Lose My Mind'. Here's the video.

• Former At The Drive-In guitarist Jim Ward features on this new song by Prints Jackson, 'Sail On Phaelon'.

• Gothic Tropic have released the video for new single, 'Stronger'.

• The Pet Shop Boys will be touring the arenas of the UK next February. Tickets on sale this Friday.

• Those Pixies will be touring the UK at the end of November and on into the beginning of December. They'll start with two nights at that Brixton Academy in London on 28-29 Nov.

• Grace Jones has been announced as the replacement for MIA at the Afropunk London festival.

Kanye West and Kim Kardashian might not be going to prison after all
Kanye West and Kim Kardashian may escape prison sentences for recording and sharing a private conversation with Taylor Swift. And not just because it's very unlikely that anyone would bother to prosecute them over it.

As previously reported, in a bid to set the record straight/draw attention to herself/boost ratings for her TV show, on Sunday night Kardashian posted excerpts of a videoed phone conversation between Swift and West to Snapchat. It showed West calling from the studio to inform Swift that he'd written a line on a new song in which he suggested that they might one day have sex.

Although she seems to give her blessing for West to go ahead with that line, Swift noted in her response to the video that he does not mention the following lyric, which she subsequently took exception to, where he refers to her as "that bitch".

So that was a thing. But then some people started suggesting that a crime could have been committed. Under California state law, it is illegal to record a private conversation without consent from both sides in advance. Breaking this law carries a sentence of up to a year in prison, or three years if it's deemed to be a felony.

Speaking to BuzzFeed, LA attorney Troy Slaten said that Kardashian would be aware that sharing the recording was illegal, as Swift's lawyers had previously sent a latter warning her of this when they became aware of the video in February.

What's more, MTV points to a clip from the new series of that TV show she's in, filmed around the same time as the West/Swift conversation, which suggests prior knowledge of the law on this point. Backstage at a filming of 'Saturday Night Live', West and Kardashian are heard discussing whether or not it's illegal to record a conversation without consent, and she tells him "not in New York, not in New York".

For some reason, MTV reckons that this makes Kardashian "an actual real life genius" and "criminal mastermind" for working out how to avoid going to prison for recording a conversation without a participant's permission. Though quick-thinking readers might note, while New York - where 'SNL' is recorded - is indeed in the state of New York, Los Angeles, where everyone seems pretty certain that the Swift call was taped, is not.

But that's all by the by, reckons TMZ, because California law does not ban the recording of conversations that "may be overheard". Producer Rick Rubin is also seen in the studio during the video, and a small film crew were apparently also in the room. All of these people speak up during the phone call in the full recordings, says TMZ. Therefore, Swift would have been aware that other people were listening in, even if she was not at that time aware that she was being recorded.

There may also be one more get out for West and Kardashian, if all else fails. Attorney Darren Kavinoky informs BuzzFeed that prosecutors "have real stuff to worry about" and would therefore be unlikely to bother pursuing this nonsense.