I was going to come up with some snazzy intro for this week, but I’m not feeling it. Usually I write the article part before the intro, and the rest of the article just isn’t that goodâ€¦ so I’m not going to waste any more of your time with a snazzy intro. I think I burned my self out with last night’s Grutman vs Daniels. That, and a 15 hour day at work to build permissions into a website that never had, nor was designed, permissions does not a fun Monday make.
So, without further ado, let’s just roll with the news.
Someone Got it Right!
Just days after the Verizon vs RIAA ruling which upheld the application of the DMCA, District Court Judge Stephen Wilson dealt a blow to the MPAA and RIAA with a precedent-setting decision stating that file sharing services such as Grokster and Morpheus could NOT be held responsible for what individual users do on their networks. In his opinion, Judge Wilson said: It is undisputed that there are substantial noninfringing uses for the services and noted that these peer-to-peer services are used for such legal activities as distributing movie trailers, free songs or other non-copyrighted works.
Wilson did agree that the service was being used for illegal purposes, but that technology can not be held responsible for how it is being used. Grokster president Wayne Rosso said the monumental ruling has changed copyright law.
Wilson did also draw a definite dividing line between services such as Grokster and services such as Napster, citing Napster’s on location housing and storing of millions of files in a centralized database. He also noted that Napster and Scour â€œprovided site and facilities for direct infringementâ€ and added that file sharing could continue even if the services in question shut their doors and destroyed all computers in their control.
The one piece of the decision that was good for the MPAA and the RIAA was the ruling that â€œindividual usersâ€ are to be held responsible for each act of privacy, paving the way for them to unleash the hounds on all the people swapping songs online. However, the precedent set in this case should, at least, be enough to dismiss the case against the four college students being sued for 96 billion dollars. When asked they responded with: sweeeeeeeet.
The decision will be appealed by the industry and, if the next court decides to hear it, has a chance at being overturned. Obviously, the industry thinks they have a good shot at an overturn and the p2ps think it will stand.
The most comical part of the whole story was Joseph Schleimer, an entertainment lawyer specializing in copyright law who said: If this decision is upheld on appeal, then any clever technology company can build a global business on stolen entertainment materials, and you can kiss the music and film industries goodbye.
And millions of independent labels and directors giggled insanely.
Next in lineâ€¦ Gateway, Dell, and Compaq. I believe since Grokster needs a computer to run, the next lawsuit will be against the people who actually make computers. Next after that, the publishing industry will be suing the descendants of the man who invented the printing press. Publishing spokeswoman Hilary Rosen said: The printing press can be used for mass copyright infringement. Any person can turn out books in large numbers. This has to be stopped.
Not Sure if this is Good News
MTV has announced that Headbanger’s Ball will be resurrected on MTV2 beginning on Saturday May 10th at 10:00 pm. The first guest hostsâ€¦ Metallica.
For all the kids out there, Headbangers ball was one of those shows where MTV would try to actually break new artists and air different kinds of musicâ€¦ something that has been lost in the shower of shit which has been MTV for the last ten years.
No work on if Rikki Rachtman was asked to return. I’m gonna guess â€œawe hell no.â€
Picked up the new Godsmack CD at the max I’ll pay for a CD over the weekend ($12.99 in case you’re wondering). Don’t know if it’s been reviewed on the main page yet, but here is mine.
The CD is good, regardless of what any of the other fools out there, tell you.
Straight Out of Line: The Lead Single. This song got a lot of flack on release, even from me, because it lacked a certain something Godsmack. It has since grown on me, a little like a tumor, and I dig it now. It is, by far, not the strongest song on the album (and, actually, I still like I Stand Alone better) but it’s a good, powerful, quick song to get the blood flowing and makes for a good track one. Godsmack is one of those bands that I’m never quite sure what the song is about, but when in doubt, I usually figure it’s about hating women and a breakupâ€¦ which I think is why I’ve been digging them so much lately as, I do agree, yaks suck. However, I think this one is about the girl trying to get with him and being what she thinks he wants, but being miserable in the background.
Faceless: On the second song, I almost started to wonder if they were going for a concept albumâ€¦ then I remembered it was Godsmack and they’ve pretty much had a concept career of hating on chicksâ€¦ I just get the feeling that Sully has REALLY bad luck with chicksâ€¦ like on par with me bad luck. This song just seems to be a continuation of straight out of line. The chick from the first song who was trying to be what he wanted now blames him for being miserable in the life she’s created for herself of being someone else and, thus, faceless. In turn, he feels betrayed for being lied to, and she’s just another faceless wench in his rock star history.
Changes: This time, to change things up, Sully is leaving the chickâ€¦ but he’s really, really mad at her still. He wants to change stuff, so he’s kissing the girl goodbye to get her out of the way. He’s such a romantic.
Make Me Believe: I can’t really pin down exactly what this song is about, so I’ll take the default again and assume it’s about a chick that Sully hates. Regardless, this is one of the filler songs, and isn’t all that great. I would assume this one will never, ever be a single. It’s not catchy and it isn’t really goodâ€¦ although it’s listenable.
I Stand Alone: The lead single from the Scorpion King Soundtrack. I liked it then and I still like it now. It just speaks to me, I guessâ€¦ and it certainly isn’t the four lines of lyrics in the songâ€¦ I think it’s just the heavy music and the repeating of â€œI Stand Aloneâ€ that motivates me into remembering it really is just you against the world, and f*ck the rest of them. I’m down with that, and it never fails to get me fired up. I usually listen to it when I’m down at work or when I have to go and meet with the boss or something. I told you this once before you can’t control meâ€¦ if you try to take me down you’re gonna break. YEAH BABY, YEAH!
Re-Align: Probably the next single off the album. The music is great but the lyrics leave something to be desired. It’s very much like I Stand Alone in that there isn’t much other than the chorusâ€¦ but it’s a catchy chorus and something that will infect you if you hear it a few times, and it’s repeated enough to get stuck in your head. There are two verses. Quick little ditty about being distracted by life and needing some â€œmeâ€ time. I expect to hear this on radio in a few weeks.
I Fucking Hate You: Pretty much your standard Godsmack break-up song. Heavy guitar and drums with Sully screaming about how much he hates her. I assume it’s a chick and he’s not talking about, say, me. But anyway, this would be one of those: if it ain’t broke, don’t fix it songsâ€¦ or maybe I’m easy to impressâ€¦ but regardless, I dig this song and I think it would be a single if it didn’t have the F-bomb in the name of the song and in the chorusâ€¦ but then, they released Break Stuff off Significant Other and it has more F-bombs than any other song on the album, so who knows. It does have a single-ish vibe to it, and I wouldn’t be surprised to see it be released as such somewhere down the line.
Releasing the Demons: After I got over the giggles since â€œRelease the Demonsâ€ is slang in my circle for puking after a long night of drinking, I sat down and listened to the song. This actually not entirely the Godsmack sound in this song, as it’s a bit slower than the rest of the album through the verses. The heavy guitar kicks in, but only for the chorusesâ€¦ the song seems to be about. Mixing it up, this song doesn’t seem to be about women, rather about all the little irritations that live in usâ€¦ the demons that haunt us on a daily basis. We all have them, and they range from alcoholism to the fear of never succeeding.
Dead and Broken: The Intro Riff to this song REALLY BOTHERS ME because I know I’ve heard it beforeâ€¦ it’s like the first time I heard Get Away and I knew it was something and it took months before a local DJ pointed out it was basically the bass-line from Hey Man Nice Shot. Anyway, I couldn’t enjoy this song because that was bothering me. As of this writing, I’m thinking it’s a TOOL song, but I can’t place it for sure.
I am: If I didn’t know Sully was Wiccan, I would assume this song was about God. Maybe it’s about whatever gods (Mother Earth?) is involved in Wiccan. Not a particularly strong tuneâ€¦ probably my least favorite on the album.
The Awakening: Throw away, minute long track with drums and Indian stuff.
Serenity: The one slow song for the CD in the vein of Voodoo.
OK, so here’s the deal. The big criticisms I’ve read of this ablum is that they don’t take a risk and that the cd is exactly the same as the other three. Well, I’ve always been in the mindset of â€œif it ain’t broke, don’t fix it.â€ The first two albums were goodâ€¦ why screw with the formula?
Now, don’t get me wrongâ€¦ I don’t think that bands should release the same album over and over foreverâ€¦ but Metallica â€œgrewâ€ and their last three albums blew. Life of Agony â€œgrewâ€ from Ugly to Soul Searching Son, and it was the worst 15 bucks I ever spentâ€¦ and I own a Michael Bolton CD. Sponge â€œgrewâ€ after Rotting Pinata, and they never put out another good album. Bush â€œgrewâ€ after 6teen Stoneâ€¦ and never put out another good album.
My point? Growth isn’t always a GOOD thingâ€¦ Aerosmith didn’t â€œgrowâ€ for years, and they’ve been around forever. AC/DC has never grownâ€¦ ditto. Tom Petty is still putting out the same style music he did in the 70s. Growth isn’t always good and lack of growth isn’t always bad.
Granted, this album is cookie cuttered from Awakeâ€¦ a bunch of angry girl hating music, one slow song, and a bunch of heavy guitars. Does that make it a bad album? No. Does it make it better than most of the shit out there getting heavy air time now? Yes. Is it groundbreaking? No. Was it worth my $12.99? Yes. Will it go into as heavy a rotation on my personal playlist as Breaking Benjamin or Evanescence? Probably not.
All I’m saying is: if the best criticism you can come up with for an album is â€œit’s too much like the last one,â€ then you’re an idiot who either 1) didn’t like the band in the first place or 2) were just looking to say something bad.
If you like what Godsmack has done to this point, you’ll like this album. If you don’t, they won’t earn any new fans here.
Creed Sued for Shitty Performance
Creed fans filed suit in Cook County Circuit Court in Illinois charging that during a December 29 concert at the Allstate Arena in Chicago singer Scott Stapp was “so intoxicated and/or medicated that he was unable to sing the lyrics of a single Creed song.” The fans are seeking parking and ticket reimbursement, and they also want to make it a class action suit. Potential damage could come close to $2 million.
Pallasch said its the first time in memory that fans have sued a band for a sub-par performance, and he added that the suit may not be easily thrown out of court by the presiding judge. “It looks like a legitimate suit that could actually go places,” Pallasch said. “Most of these suits end up settling before trial, and if Creed’s attorneys realize that they’re going to have to spend a whole lot of time and money defending the suit just trying to stop it from being certified a class, or if it gets certified a class trying to stop it from going to trial, they may decide it’s just not worth the hassle and just go ahead and settle.”
He said that possible settlements deals might include “offering everybody a full-refund, free ticket next time, or 30 bucks off their next ticket or something like that. They’ll see what kind of deal they can make.”
The possible precedents that may be set in a successful decision for the fans are staggering, with implications that bands may cease touring entirely, says one industry source. “If lawsuits are able to be generated because a band has a bad night, be it from acute drunkenness, illness or just an off night and they are able to be sued, what band would want to tour, particularly if they have such traitorous fans? Further, the bands that use backing music in their “live” shows may never been seen in a “live” setting again, if being able to be sued for not performing live music were dangling over their head like some swinging Sword of Damocles.”
I think sir Pallasch is getting a bit ahead of himself. First of all, if something is as shitty as this was reported to be, people deserve to have their money reimbursed. If I pay fifty bucks for a concert, the son of a bitch better entertain me. Don’t tell me you can’t get drunk or high and still put on a good show, because I saw people backstage at Siena who had to be helped on stage before the performance because he was so drunk, and STILL put on one of the better concerts I’ve seen. Second, if Stapp was so drugged up he couldn’t sing, then they should have cancelled the concert and refunded the money or rescheduled it for another night. ANY of those would have been acceptable. Yeah, it would’ve sucked, but people understand there’s a shot the band might be screwed up and not playâ€¦ and I’ll guess they would have come back for a rescheduled showâ€¦ even a show in which ticket stubs would have been honored.
But no, Creed fires off an embarrassing letter to the fans, telling them it was a â€œunique showâ€ and they should be â€œhappyâ€ to be a part of rock and roll history.
So, let me get this straightâ€¦ you guys put on a crap show, and tell me I should have enjoyed it. In fact, for those of you who didn’t read it the first time, this is the letter:
Cut and Pasted from The News Release 01.14.03.
Yeah, We Suckedâ€¦ SO WHAT, SUCKAS
As reported here and around on 411 last week, Scott Stapp of Creed was so high he could barely perform a concert in the Allstate Arena. Fans got the following letter from the Creed Mailing List:
“Dear Creed Fan,
Ex-Creed fan might have been a better opening.
“The band has heard that you are unhappy with the quality of the recent Creed show in Chicago.
Jeez, you think they had to hear that through the grapevine? The guitarist and drummer look utterly embarassed onstage and the singer can’t walk, and they just kinda heard it. Picture them sitting in the studio jamming and a messenger comes in and says â€œshit, y’all ain’t gonna believe this.â€
“We apologize if you don’t feel that the show was up to the very high standards set by our previous shows in Chicago.
Or, our singer was bombed out of his mind. Not our fault.
We also understand and appreciate the fact that there has been much concern about Scott’s health
Um, of all the reports I’ve seen, I don’t think anyone was concerned with Scott’s healthâ€¦ other than being concerned he WAS healthy and wanted to take care of that for him quick as possible.
and we want to assure everyone that he is doing very well and is taking a much needed break at home in Orlando after a very long and rigorous touring year.
Wah, I’ve had a tough year doing a real job that doesn’t involve wearing leather pants and banging anything with a pussy (or a willing cornhole).
“The band has plans to start writing material for their next record later this year and plan to return to Chicago next year to play a show that will hopefully be better than any of the numerous shows we’ve played there.
Please, please, please, come again.
“For now we hope that you can take some solace in the fact that you definitely experienced the most unique of all Creed shows
And more to come, I’m sure. If Scotty’s heading down that road, he’ll be Axl in two years.
and may have become part of the unusual world of rock and roll history!
You’re kidding right? The dude can’t even sing, and you’re STILL comparing yourself with Rock and Roll history. God, I’ve heard of spin doctors before, but this shit would make Bill Clinton Blush.
Again, we apologize if you didn’t enjoy the show but remember, ‘It’s only rock and roll but we like it!’
We charged you $50 – $75 to see us and you ain’t getting it back. Damn shame, but come back and see us next year.
“Have a great year! Creed”
MUAAHAHAHAHAHAAâ€¦ SEEYA NEXT YEAR, SUCKAAAAAS.
I can see this whole thing coming out of Stapp’s mouth. Just ignore itâ€¦ no explanation, not even an apology. Just a â€œit was STILL a good show, just not AS good as you’re used to.â€ If there is ANY justice in the world, no one will buy a single ticket to Creed’s next tourâ€¦ to teach them a lesson.
Just ONCE, I’d like to organize a strike against the music industryâ€¦ and have it work. Just to make a point.
Those people should have gotten their money back, without question, or at least had a new concert scheduledâ€¦ with free admission with a ticket stub. I mean, gimme a break guys, have a little bit of respect.
So, they basically couldn’t sing a song, and then wanted the people to feel bad for them suckingâ€¦ and barely an apology. It didn’t suck, it was â€œunique.â€
I hope they winâ€¦ I want to see people who f*cked with their fans this bad get it right in the assâ€¦ and I’ll giggle the whole time watching it. As for Pallasch’s claim that bands might â€œnever tour again,â€ bullshit. I say: if the fans win this, the quality of concerts will increase. $2 million dollar judgment hanging over his head? Let’s see if Axl shows up two hours late. Lets see 50 Cent play 4 tunes and end the show.
Give it to â€˜em guysâ€¦ give it to em right up the bum.
The Eagles are almost ready with their first new release since 1979.
The Eagles are charging $175/head for their concert in Albany.
I will never go see them, no support them ever, ever again.
Neither should you.
The New Number One Album
The winner of American Idol has proved, beyond a shadow of a doubt, that the music industry sucks. Grutman said it best: the teens and pre-teens in America never fail to impress and/or disgust me.
Hey, big ups to Simon for realizing he can put the scratch on the line and make anyone a superstar.
Congrats also for revealing the music industry more than Tough Enough did for wrestling.
Apple’s New Music Service
Mac launches it’s new price-based download service which allows fans to download a song for the low bargain price of .99 cents per song. Which isn’t real bad till you realize that a normal 15 track CD would cost you 14.98, which saves you absolutely no money in the long run.
This is competing with the low bargain price of free offered by Kazaa.
Steve Jobs said: Consumers don’t want to be treated like criminals and artists don’t want their valuable work stolen See, the problem with that theory is: people who download songs don’t feel like criminals, as a general rule. Kids sitting in their college rooms who get a song off the network don’t feel like a criminalâ€¦ and when they have the choice of paying .99 cents they don’t have and paying free they do have, the choice is going to be easy.
However, I give props to Steve Jobs for trying to come up with something legal. The problem is he’s offering a product with 1/3 of the features, 2/3 the music, to just over 3 percent [Mac Users] of the market. While you can get all of the music on windows machines with a trusty CD Burner which comes free with most new computers.
Sorry folks, I’ll keep on Kazaa till they offer an industry backed free service.
In Other Readingâ€¦
Evocator’s Time Machine with Fear Factory.
Matt B with a dissertation on free speech, and the repercussions of it.
I just don’t have it in me anymore today. Just hasn’t been a good week. I will be heading out to see Pearl Jam tonight, which will either put me in a really good mood or a really bad oneâ€¦ it depends on if Vedder can just let a concert be a concert and not subject us to views we don’t want to hearâ€¦ you know, like I do to you guys every week.
Regardless, I hope to have a concert review up by the end of the week, but I’ll have to be more motivated.
Catch y’all on the flipside.