CMU Daily 26.06.17: Dr Luke drops lawsuit against Kesha's mother, Eavis talks Glasto spin-off "gamble"

Dr Luke dismisses defamation lawsuit against Kesha's mother
Dr Luke and Kesha's mother issued a joint statement on Friday as their legal wrangling in Tennessee was brought to an end.

As much previously reported, producer Lukasz Gottwald and his one time protégé Kesha Sebert have been embroiled in a long running and highly public legal battle. She accuses him of sexual assault, while he claims that she made up those allegations in a bid to force his hand in a contractual dispute. It's a complex and multi-layered case that has seen lawsuits filed in three separate states: New York, California and Tennessee.

Sebert's mother Pebe became involved after Gottwald objected to remarks she made in support of her daughter. He accused her of defamation resulting in additional litigation, mainly in Tennessee. At one point Sebert Senior counter-sued, though she dismissed her action last year. And now Gottwald has dismissed his remaining defamation lawsuit, seemingly as a result of Sebert Senior confirming in public that she has no first hand knowledge of the assault her daughter alleges the producer committed.

The joint statement issued on Friday stated that: "Dr Luke vigorously disputes and denies that he ever raped Kesha Sebert, and he is asserting claims of defamation in a New York court against Kesha Sebert for making statements to the contrary ... statements [which] Dr Luke adamantly maintains are false".

Honing in on Gottwald's specific dispute with Sebert Senior, the statement went on: "Pebe admits she has no firsthand personal knowledge of the events occurring on the night of the alleged rape. Pebe was not present that night. At that time, Pebe was in Nashville, and Kesha was in Los Angeles".

The statement concludes: "The dispute between Kesha and Dr Luke about the events of that night is the subject of the New York case, and will be decided in that case. Accordingly, all parties believe it is appropriate to dismiss this Tennessee case and focus their attention on the New York case".

With the Californian litigation relating to the dispute having also been dismissed last year, it means that only the New York lawsuits remain.

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MegaUpload lawyers insist US Supreme Court has questions to answer over Kim Dotcom's assets
Legal reps for MegaUpload founder Kim Dotcom last week filed new paperwork with the US Supreme Court as part of his continued bid to get access to the assets seized when American authorities shut down his former business on copyright grounds back in 2012.

As previously reported, the dispute over the seized MegaUpload assets is just one of the various sets of legal wrangling that have been going through the motions for over five years now. The case for not allowing Dotcom to reclaim some or all of his seized assets in no small part revolves around him and his former MegaUpload colleagues having 'fugitive' status under American law as they fight efforts by the US to extradite them from New Zealand.

Dotcom's lawyers argue that their client is not a fugitive, and that he is simply fighting America's extradition efforts in New Zealand according to the two countries' extradition treaty - as is his right.

American courts have mainly sided with the US government on this point to date, but Dotcom has now taken the matter to the Supreme Court. Earlier this month American officials responded to the latest appeal by urging judges to reject Dotcom's filing on the basis that he was definitely a fugitive, and that that classification was in line with Congress's wishes and precedents set in relevant case law.

In that response the US government ignored some critical questions, say Dotcom's legal reps in a new response to the response. Moreover, the case law isn't as clear cut as the authorities claim, reckons Team Dotcom, and questions remain over just how solid the criminal copyright case against their client really is.

If the Supreme Court knocks back the case, or confirms the lower court rulings, the lawyers argue, it would mean the American government "can weaponise fugitive disentitlement in order to claim assets abroad".

They add: "Far from being directed towards persons who have fled or avoided our country while claiming assets in it, fugitive disentitlement is being used offensively to strip foreigners of their assets abroad".

Concluding, Dotcom's filing - published by Torrentfreak here - says: "It is time for the court to speak to the questions presented. Over the past two decades it has never had a better vehicle to do so, nor is any such vehicle elsewhere in sight".

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Glastonbury's spin-off festival "the last big gamble of my life" says Michael Eavis
As Glastonbury 2017 went through all its motions this weekend, Michael Eavis took time out to talk about The Variety Bazaar, the much mooted new festival from Team Glasto which was at one point rumoured to be a replacement for the annual Worthy Farm bash.

The first edition of the Bazaar is now pencilled in for 2021. Speaking to his festival's own Free Press, Eavis called the spin-off event "the last big gamble of my life", while confirming the new project is not being developed to replace the Glastonbury Festival itself.

Eavis said: "We have no plans to stop doing [Glastonbury], but we want to try something in another location away from the farm, possibly in 2021. It's still very much in the planning stages, but we've got to be brave enough to have a go".

There'll be plenty of time for doing all that planning in the next twelve months, of course, 2018 being the Glastonbury Festival's next 'fallow year'. Though Eavis added that they were already booking bands for both the 2019 and 2020 editions, so still work to be done.

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Brands still concerned about YouTube and Facebook, says top media buyer
The likes of YouTube and Facebook could lose hundreds of millions in ad revenue in the next year because of ongoing concerns about adverts appearing alongside dubious or offensive content, according to media-buying giant GroupM.

The ad industry group, part of Martin Sorrell's WPP, is still predicting total UK advertising spend on social media, search engines and user-upload sites to grow by 11% to nearly £10.5 billion this year. However, that's a reduction on GroupM's previous growth forecast of 15%. If the ad agency's predictions are right, that will be lowest growth rate for internet advertising in the UK since 2011.

As previously reported, a number of ad agencies and big brands pulled or reduced their advertising on some social and user-upload platforms earlier this year in the wake of reports that ads were appearing alongside racist and extremist content, or blatant fake news. This wasn't a particularly new phenomenon, but became a bigger talking point thanks to an investigation in The Times and resulting media coverage elsewhere.

The Guardian quotes Adam Smith from GroupM as saying: "Effectively, since March we have seen a surprisingly general effect of clients either stopping spend altogether, or pausing spend in this area. It has been widespread [and has] been much more persistent in that, if you thought it was something that was a seven-day wonder, it isn't. There is still a substantial number of advertisers yet to return to their prior weight of ad investment".

From a music business perspective, you can take a positive or negative view of this trend. Record companies and music publishers are already unhappy with the levels of advertising YouTube sells, they being cut into that ad revenue when their music is used. And the industry's hopes of striking up licensing deals with Facebook around the music used in videos uploaded to its platform depend on the social network selling more ads around that content.

Though, on the flipside, continued nervousness about where YouTube and Facebook's automated systems might place a brand's ads - despite the tech firms insisting they are putting better controls in place - could skew in the favour of those online video operations that only carry videos uploaded by legit content companies, rather than any random person. Which includes the music industry's Vevo and the official channels on the about-to-relaunch YouTube competitor Dailymotion.

As previously reported, Vevo pointed this out to possible advertisers back in April. Though with big brands still seemingly worried about where their ads might end up on Facebook and YouTube, it seems like there might be further opportunities for the Sony/Universal-owned music video platform to push out more messages of that kind. Especially as it is able to service ads to YouTube that are guaranteed to sit alongside official label content only.

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YouTube confirms it now reaches 1.5 billion people each month
A big shout out to everyone due to deliver presentations on the digital music market today, with a slide to present outlining current user numbers for all the key streaming platforms. Anyone? That can't just be me can it? I bet there are hundreds of you. I bet there are at least 37 of you also presenting on all things digital music in Oslo today.

Anyway, for anyone sitting on a 'streaming platform user numbers list', it's time to finally update the big fat YouTube stat that sits at the top. The Google video site's CEO Susan Wojcicki has finally re-adjusted her company's official monthly users stat brag from one billion to 1.5 billion. And that's 1.5 billion 'logged in' users too.

That's rather a lot of people glued to the YouTubes. They should all get out more. Paint a picture. Bake a cake. Get an allotment. Take up pottery. Start playing croquet. Begin knitting some jumpers for next Christmas. And if you don't know how to get started with any of those things, there's sure to be a YouTube video that tells you all you need to know.

Of course, the hour a day the average YouTube viewer spends watching videos on their mobile isn't just about consuming music content. But the music industry would like you all to know that it's mainly about consuming music content and Wojcicki should stop hanging out with the cool kid YouTubers at VidCon bragging about her stats and instead get her fucking cheque book out and send the music makers some dosh.

Fun times. I'm also talking about safe harbours later today.

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NME allies with Thatchers on new talent competition
With the NME interviewing its former cover star Jeremy Corbyn this weekend after his headline set at the Glastonbury Festival, it's good to see the music mag seeking some political balance by getting into bed with the Thatchers.

Except that's Thatchers Haze the cider brand, not the former Tory PM's extended family. So that's not really going to help, is it? Unless they can persuade all their young readers to get so pissed on cider next election day that they all forget to vote for Jezza. That'll do it.

NME is joining up with the cider firm for a new programme seeking to support some of that new talent all you lefties like so much. New acts are invited to submit their work to NME with a guarantee of feedback, while they will also go forward to a competition, the winner of which will get £10,000 of studio time and a four-track EP release. The new programme flows on from the cider-maker's existing Haze Sessions initiative.

Says Keith Walker, Digital Director of Music at NME publisher Time Inc UK: "NME has been at the forefront of the music scene for more than six decades, with events, print and digital franchises dedicated to supporting breaking talent. Our global audience of music fans are always on the lookout for the best new talent to put on their headphones and with unsigned artists striving to grow their fanbase, this is a great platform for them to get heard by the millions that turn to NME each month".

Meanwhile Thatchers' MD Martin Thatcher added: "This is an amazing opportunity to work with NME to promote up-and-coming talent in the music industry, and offer new artists the chance to get their music out to a wider audience. Through the Haze Sessions, our own Bristol music showcase, we've met some really exciting and talented artists. The Thatchers Haze x NME Emerging Artists Project takes the association between Thatchers Haze and great music to another level".

Of course, with all the cool pop bands now supporting Corbyn these days, to truly break new ground the next big musical thing is going to have to ally themselves with the person leading the Conservative Party. Just as soon as we work out who that is.

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BBC Radio launches second Welsh-language breakfast show
The BBC is set to offer two Welsh-language breakfast shows in Wales via the launch of BBC Radio Cymru 2. While the main Radio Cymru channel will continue to air more newsy programming in the morning, the new channel - available online, on DAB digital radio and via digital TV platforms - will have a more music and entertainment focused show first thing in the morning.

The new spin-off service follows the previously reported BBC Radio Cymru Mwy venture that operated last year as part of the Welsh-language service's 40th anniversary celebrations. It also had a skew towards music and entertainment in its output.

Confirming the new full-time second channel, BBC Radio Cymru Editor Betsan Powys said: "This is a truly historic announcement - one of the most important since Radio Cymru was established in 1977. Our listeners are some of the most loyal in Wales and the fact that we can now offer a choice of listening is incredibly exciting".

The BBC has also announced it will expand the reach of English language BBC Radio Wales on the FM dial so that it is available in 91% of Wales, compared to the current 79%.

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Louis Tomlinson pre-empts solo career by declaring "I didn't want a solo career"
Louis Tomlinson didn't want One Direction to go on hiatus and didn't want to launch a solo career. We know this because the former 1Der has given an interview with The Observer as he preps the release of a solo album.

The stand out quotes in the broadsheet conversation relate to Tomlinson discussing his role in the One Direction enterprise. When stripped back to make a headline for the piece, the summary of his musings on this topic go: "Niall is lovely, Zayn has the voice, Harry is cool, Liam gets the crowd going... then there's me".

Recalling the boyband's original creation on 'The X-Factor' in 2010, he goes on: "You know I didn't sing a single solo on 'The X-Factor'. A lot of people can take the piss out of that. But when you actually think about how that feels, standing on stage every single week, thinking: 'What have I really done to contribute here? Sing a lower harmony that you can't really hear in the mix?' [You're] the kid wearing espadrilles, stood in't back".

However, says Tomlinson, things improved as 1D evolved over the years, hence his disappointment when the hiatus first came up. "In the last year of One Direction I was probably the most confident I ever was", he said. "And then it was: 'OK, hiatus!' It wasn't necessarily a nice conversation [but] I could see where it was going".

On the post-1D career, Tomlinson says he originally thought he'd do something behind the scenes, having been the member of the group most interested in the mechanics of the pop industry. "If you'd asked me a year or eighteen months ago: 'Are you going to do anything as a solo artist?' I'd have said absolutely not". But, despite those feelings, and his dabblings in artist management, debut solo single 'Just Hold On' arrived late last year, and now an album is in the pipeline.

Read the full interview here.

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Jay-Z announces 4:44 listening parties in Sprint stores
Good news for all you Jay-Z fans who think that Tidal is a nonsense piece of shit that only fuckwit buffoons of the highest magnitude would even consider signing up to. I mean, I like Tidal. I think it's lovely. Really lovely. But I know all about you guys and your Tidal hating.

Well, while Jay-Z is making his new album '4:44' available exclusively via the streaming service he heads up, there'll be an opportunity to listen to the new record without giving Tidal HQ all your personal data.

You will have to go to a shop to listen to it though. And a shop run by Jay-Z's Tidal business partner Sprint. But hey, no data sharing! Well, you have to provide an email address to enter the competition for tickets. But no formal Tidal sign ups!

Of course Sprint only has shops in the US, so - unless you're American - you'd have to really love Jay-Z and really hate the Tidals to fly over to the States on 30 Jun to attend one of the '4:44' listening parties that will take place that day. But they are currently the only confirmed way to hear the new record without formally signing up to either Tidal or Sprint.

The listening parties will occur at various Sprint stores around the US.

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Nigel Farage outraged that BBC aired Jeremy Corbyn's Glasto speech
Jeremy Corbyn's guest stint on the Pyramid Stage at this weekend's Glastonbury Festival grabbed quite a few headlines, didn't it? And the BBC covering it annoyed Nigel Farage. So well done everybody.

"Why should we pay the BBC licence fee just so they can promote Jeremy Corbyn?" asked the UKIPer on Twitter - actually responding to a Radio 1 tweet about the speech - before adding the exclamation "outrageous".

Needless to say, the fact that Farage built an entire political movement on the back of regular BBC guest spots, he having successfully worked out that the Beeb always likes a bit of splutter on its airwaves, was much noted by other tweeters responding to Farage's remarks.

He wasn't the only one annoyed by Corbyn's presence within the BBC's coverage of this weekend's Glastonbury Festival though. "The BBC will do everything they can to get their hero Jeremy Corbyn into Downing Street", Tory MP Andrew Bridgen was quoted as saying by the Daily Mail.

"Now with things like this year's Glastonbury, it's becoming ever more blatant", the MP for North West Leicestershire continued. "They are at the stage where, if the BBC give it one more push, we will end up with a Marxist in No 10".

Meanwhile another Tory MP, Philip Hollobone, piped up with: "The BBC is riddled with left-wing bias from the 'Today' programme downwards. They will seize any opportunity to get Theresa May out. Jeremy Corbyn at Glastonbury is a typical example of their behaviour ... the BBC is out of control".

Every political group of every possible persuasion is convinced that the BBC is biased against them, of course. Though to be fair to Farage, if he did deliver an angry intro to not quite Bucks Fizz playing in a field, I suspect the Beeb wouldn't air that.

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