Sunday, June 02, 2002

Bertelsmann rescues Napster, retains Hilbers and Fanning

Just days after its CEO and founder tendered their resignations, Napster has struck a new deal with German media conglomerate Bertelsmann that will keep the company afloat and its staff intact.

Just days after its CEO and founder tendered their resignations, Napster has struck a new deal with German media conglomerate Bertelsmann that will keep the company afloat and its staff intact.

Under the terms of the agreement, Bertelsmann will acquire all of Napster’s assets, and will pay $8 million-worth of the company’s debts, according to a joint press release the two parties issued on Friday (5/17).



The agreement was reached in the wake of Tuesday’s (5/14) announcement that Napster CEO Konrad Hilbers and company founder Shawn Fanning were resigning. The two have withdrawn their resignations in light of the new deal. 



Hilbers had originally decided to resign because Napster’s board of directors rejected a previous deal that Bertelsmann offered the company.

“I am convinced that not pursuing the offer is a mistake,” Hilbers reportedly wrote in an internal company memo announcing his resignation, “and it will lead the company to a place where I don’t want to lead it.”



In Friday’s press release, Hilbers and Fanning pledged their renewed commitment to the company.



“I have believed from the start that this deal was a valid and beneficial deal for Napster,” said Hilbers, “the best direction for the company under the current circumstances. While this has been a very unusual week, I’m pleased that I and my colleagues can move forward and give our full attention to Napster’s future.”



“Bertelsmann understood our vision when they first invested in us,” added 20-year-old Fanning, who developed the Napster file-sharing network two years ago while attending college. “They still believe in that vision. I’m ready to work with the many talented people at Napster to complete the new service and get it off the ground.”



That new service--a paid-subscription-based model--has been in development since last summer, when Napster disabled its then-free file-sharing network.



The company, which has long been the target of a copyright-infringement lawsuit filed by the major record labels, in October of 2000 was able to hammer out a strategic alliance with Bertelsmann, parent company of major-label BMG, but was unable to strike similar deals with the remaining labels.



Bertelsmann and Napster had in recent weeks tried to hammer out a deal similar to the one announced on Friday, but negotiations had seemingly broken down in recent days. Infighting between Napster board members John Fanning (Shawn’s uncle), and Hank Barry and John Hummer--both of whom are from the venture-capital firm Hummer Winblad, which invested millions into Napster--are believed to have contributed to the stalemate.



John Fanning, in a bid to gain control of the company, recently filed a lawsuit against Barry and Hummer. A Delaware court reportedly dismissed the suit this week, an outcome that solidified the board’s structure and led to Friday’s announced agreement. Hilbers will now chair the board.



Launched in 1999, Napster quickly became the target of copyright infringement lawsuits filed by major and minor record labels, and by artists such as Metallica and Dr. Dre. Through a series of legal maneuvers and settlements, the company was able to dodge a court-ordered shutdown until last year.

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Street Date June 4: Avril Lavigne, ‘Totally Hits 2002,’ Los Lobos

[B]Also:[EB] Meshell Ndegéocello, Doves, Jack Ingram, DJ Shadow, Speedealer and more.

[B]Also:[EB] Meshell Ndegéocello, Doves, Jack Ingram, DJ Shadow, Speedealer and more.

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Avril Lavigne - “Let Go” (Arista)



The debut album from this 17-year-old Canadian singer-songwriter features the TRL hit “Complicated.” A downloadable version of the single and streaming samples of the album’s other tracks are posted at Lavigne’s official website. Lavigne will help launch the album with a June 6 appearance on “The Tonight Show with Jay Leno,” a June 13 appearance on “The Late Late Show with Craig Kilborn” and a June 16 appearance at Canada’s Much Music Video Awards ceremony.



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Various Artists - “Totally Hits 2002” (Rhino)



The fourth volume in this multi-platinum series of hits compilations features 20 previously released songs from a roster of artists that includes: Pink ("Get the Party Started"), P.O.D. ("Youth of the Nation"), Alicia Keys ("A Woman’s Worth"), OutKast ("The Whole Word"), Busta Rhymes ("Pass the Coivouisier"), Leann Rimes ("Can’t Fight the Moonlight") and more. The album’s official website features a complete track listing and streaming samples of each song.



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Los Lobos - “Good Morning Aztlan” (Mammoth)



Though they’ve become comfortable in recent years with producers Mitchell Froom and Tchad Blake, Los Lobos changed things up this time around by tapping John Leckie (XTC, Robyn Hitchcock, Radiohead’s “The Bends") to turn the knobs. Quetzal’s Martha Gonzalez contributes backing vocals to the track “Round and Round,” but the band’s core members haven’t changed since saxophonist Steve Berlin joined in 1983. This year marks the 25th anniversary of Los Lobos’ recording career, which began with the release of 1977’s “Los Lobos del Este de Los Angeles.”



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Meshell Ndegéocello - “Cookie: The Anthropological Mixtape” (Maverick)



Ndegéocello’s latest is the singer-bassist’s fourth full-length, and follows 1999’s “Bitter.” The album’s first single, “Pocketbook"--which was remixed and produced by Missy Elliot, and features guest appearances from Redman and Tweet--can be heard at Ndegéocello’s official website. “Cookie: The Anthropological Mixtape” also features guest appearances from Talib Kweli, Caron Wheeler (Soul II Soul), Lala Hathaway, Marcus Miller and Michael Hampton (Funkadelic).

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Doves - “The Last Broadcast” (Capitol)



The album debuted at No. 1 on the U.K. charts last month. Produced by Doves, Steve Osborne (Happy Mondays) and Max Heyes (Primal Scream, Paul Weller), the initial run of the U.S. version features four bonus tracks not found on the U.K. release. The band tours North America through June.



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Jack Ingram - “Electric” (Sony/Lucky Dog)

A Texas favorite--Texas being probably the only state in which a musician earning statewide favor can earn a living without getting a day job--Jack Ingram’s seventh album is his third for Sony’s Lucky Dog imprint, if you count the “Unleashed Live” album, which he shares with Charlie Robison and Bruce Robison. Lucky Dog is currently streaming samples of the album’s 11 tracks. “Electric” features performances from Buddy Miller and Lee Ann Womack.



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DJ Shadow - “The Private Press” (MCA)



This week’s L.A. Weekly explains the title of DJ Shadow’s new album: “A ‘private press’ is a record cut by an amateur on a mini-lathe set up at a fairground or game parlor.” Shadow reportedly “samples a couple ‘writing’ home to the relatives on vinyl.” On its artist’s page for Shadow, MCA is streaming a radio edit of the album’s track “You Can’t Go Home Again.”



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Speedealer - “Second Sight” (Palm Pictures)



Speedealer’s been around for a while and has released a handful of albums, but the group’s latest is likely to garner the band the most attention it’s seen yet thanks to its high-profile producer: former Metallica bassist Jason Newsted. “Speedealer is the first heavy band worthy of my 110 percent commitment since Metallica,” says Newsted in a message posted on the band’s official website. The site also features streaming video footage of an interview with Newsted, as well as downloadable MP3 versions of two tracks from “Second Sight.”



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Other new releases:



Arlo - “Stab the Unstoppable Hero” (Sub Pop)

Atreyu - “Suicide Notes and Butterfly Kisses” (Victory)

Audiovent - “Dirty Sexy Knights in Paris” (Atlantic)

Beachwood Sparks - “Make the Cowboy Robots Cry [EP]” (Sub Pop)

The Bevis Frond - “What Did for the Dinosaurs” (Rubric)

Yume Bitsu - “The Golden Vessyl of Sound” (K)

Bloodlet - “Three Humid Nights in the Cypress Trees” (Victory)

Boom Box 2000 - “Boom Box 2000” (Orange Twin)

Chris Brokaw - “Red Cities” (Atavistic)

Peter Brotzmann - “For Adolphe Sax” (Atavistic)

Pieta Brown - “Pieta Brown” (Rubric)

Eddie Burns - “Snake Eyes” (Delmark)

Cordelia’s Dad - “What It Is” (Kimchee)

Danzig - “777: I Luciferi” (Spitfire)

Dead Poetic - “Four Wall Blackmail” (Tooth & Nail)

Deer Hoof - “Reveille” (Kill Rock Stars)

Dillinger Four - “Situationist Comedy” (Fat Wreck Chords)

Dirty Vegas - “Dirty Vegas” (Capitol)

DJ Irene - “Phonosynthesis” (Surge)

DJ Quik - “Under the Influence” (Ark 21)

Dyshon & Squabble - “Half & Half” (Romeo)

E.S.T. - “Strange Place for Snow” (Columbia)

Enon - “High Society” (Touch and Go)

Glory Fountain - “The Beauty of 23” (LaJoy)

Sherry Goffin Kondor - “Mellow My Baby: Soothing Songs & Lullabies” (Rounder)

High Contrast - “True Colours” (Breakbeat Science)

Chris Hillman - “Way Out West” (Back Porch)

Hometown News - “Wheels” (VFR)

Interpol - “Interpol [EP]” (Matador)

J-200 - “A Trip from Grace” (Loose Booty)

Shirley Johnson - “Killer Diller” (Delmark)

Donell Jones - “Life Goes On” (Arista)

Tommy Keene - “The Merry-Go-Round Broke Down” (Spin Art)

Willie Kennedy - “Cape Breton Violin” (Rounder)

The Kennedys - “Get It Right” (Jiffy Jam)

Shannon Lawson - “Chase the Sun” (MCA Nashville)

LMNT - “All Sides” (Atlantic)

Lollipop Lust Kill - “My So Called Knife” (Artemis)

Natalie MacMaster - “Live” (Rounder)

Matthew - “Everybody Down” (Rykodisc)

Tift Merritt - “Bramble Rose” (Lost Highway)

Coco Montoya - “Can’t Look Back” (Alligator)

Billy Novick - “A Rose in the Desert” (Daring)

Jill Olson - “My Best Yesterday” (Innerstate)

Teddy Pendergrass - “Pure Love” (Orpheus)

Pinetop Perkins - “Pinetop Is Just Top” (Black & Blue)

Flora Purim - “Flora Purim Sings Milton Nascimento” (Narada Jazz)

Railer - “Frame of Mind” (Resolute)

Railroad Earth - “Bird in a House” (Sugar Hill)

Rearview Mirror - “All Lights Off (Palm Pictures)

Manuel Romero - “Manuel Romero” (Warner Bros.)

Willy Schwarz - “Metamorphoses” (Knitting Factory)

Scratch - “The Embodiment of Instrumentation” (Ropeadope/Atlantic)

Sev - “All These Dreams” (Geffen)

Rick Shea & Brantley Kearns - “Trouble and Me” (Tres Pescadores)

Side Walk Slam - “Give Back” (Tooth and Nail)

Silkworm - “Italian Platinum” (Touch and Go)

Spaceheads - “Low Pressure” (Merge)

Speedy J - “Loudboxer” (NovaMute)

Simon Stokes - “Honky” (Uppercut/Disgruntled)

Swearing at Motorists - “This Flag Signals Goodbye” (Secretly Canadian)

The Takers - “If the Blues Were Red” (Rubric)

Thuunderboy - “Thuunderboy” (Table of the Elements)

Vader - “Revelations” (Metal Blade)

Yid Vicious - “Forverts!” (Knitting Factory)

Roger Wallace - “The Lowdown” (Texas Music Group)

Anna Waronker - “Anna” (Oglio)

yaya3 - “yaya3” (Loma)

The Young Dubliners - “Absolutely” (Higher Octave)

Young People - “Young People” (5 Rue Christine)

Various artists - “Bliss: One - The First Definitive Collection” (Bliss)

Various artists - “Chilled Grooves” (Varese)

Various artists - “If the 21st Century Didn’t Exist, It Would Be Necessary to Invent It” (5 Rue Christine)

Various artists - “Soundbombing III” (Rawkus)



Soundtracks and scores:



“Bad Company” (Hollywood)

“Blade II” (Varese Sarabande)

“Enough" (Varese Sarabande)

“Getting There” (Trauma)

“Queen of the Damned” (Warner Bros.)

“Scooby-Doo" (Atlantic)

“Spider-Man" (Sony)

“Storytelling" (Matador)

“Sum of All Fears” (Elektra)



SoundSpike’s weekly ‘Street Date’ feature is published on Monday morning.

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Napster files for bankruptcy protection

In an expected move, Napster filed for Chapter 11 bankruptcy protection on Monday (6/3) as it moves toward finalizing its recent agreement to sell the company to Bertelsmann Group.

In an expected move, Napster filed for Chapter 11 bankruptcy protection on Monday (6/3) as it moves toward finalizing its recent agreement to sell the company to Bertelsmann Group.

The filing follows last month’s announcement that Bertelsmann had agreed to pay $8 million-worth of the beleaguered file-sharing company’s sizeable debt in exchange for acquisition of the company.



Chapter 11 bankruptcy proceedings will allow Napster to reorganize itself and emerge as a still-intact entity owned by Bertelsmann. Prior to the Bertelsmann deal, it seemed likely that the company would have to file for Chapter 7 bankruptcy, through which the company would have been dissolved.



Napster CEO Konrad Hilbers and company founder Shawn Fanning announced on May 14 that they were resigning. Hilber stated at the time that he was leaving because Napster’s board of directors had rejected a previous Bertelsmann offer.



Three days later, Napster and Bertelsmann announced that they had struck a new deal, and that Hilbers and Fanning would subsequently remain on board.



Napster’s file-sharing network was disabled last summer following a lengthy battle in federal court during which the company tried to evade a court-ordered shutdown sought by the Recording Industry Association of America (RIAA).



Following its shutdown, Napster had hoped to re-launch as a subscription-based, royalty-paying service, but its legal woes and related financial problems derailed those plans.

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Live Review: Brooks and Dunn’s Neon Circus in Clarkston, Mich.

CLARKSTON, Mich.—If anyone knows how to rev a sober, Detroit-area, late-Saturday-afternoon audience, it’s country singer Chris Cagle.

CLARKSTON, Mich.—If anyone knows how to rev a sober, Detroit-area, late-Saturday-afternoon audience, it’s country singer Chris Cagle.

Opening the Brooks and Dunn Neon Circus and Wild West Show at the DTE Energy Music Theatre, Cagle peppered his set with comments about the Detroit Red Wings, this year’s National Hockey League’s Western Division champs.



“Seven to nothing, baby!” Cagle yelled, referring to the Red Wings’ win over the Colorado Avalanche on Friday night (5/31). Of course, the crowd went wild.


Most of the acts at the Neon Circus and Wild West Show--Cagle, Gary Allan, Trick Pony, Dwight Yoakam and headliners Brooks and Dunn --celebrated the Wings’ victory. But Ronnie Dunn of Brooks and Dunn had more than that to fete.



“A certain hillbilly singer is having a birthday tonight,” Kix Brooks said about his partner. “I told him, ‘Maybe we ought to stay home for your birthday.’ He said, ‘Nah, let’s bring the party to Detroit.’ See, he has his Motor City metal pants on,” Brooks added, referring to Dunn’s choice of leather pants on the 80-degree day.



With Brooks’ encouragement, the crowd sang “Happy Birthday” to Dunn, who stood near the back of the stage and grinned.



Besides the main-stage performances, the Brooks and Dunn Neon Circus and Wild West Show featured contortionists, jugglers and a mechanical bull. Side-stage acts entertained for 90 minutes before the pavilion and lawn opened, and between the sets of Yoakam and Brooks and Dunn.



Brooks and Dunn’s performance was strong. Swapping vocal duties, the hard-working men were more impressive on stage than they are on CD. At one point, they paid tribute to heroes who have passed--such as Dale Earnhardt and Waylon Jennings--by singing “You’re Gonna Miss Me When I’m Gone.”



The eight-hour show had a very patriotic feel. Fans chanted “U.S.A.” until Brooks and Dunn arrived on stage behind an American flag, which was folded and removed by members of the U.S. Marines. The duo kicked off the set with “Only in America,” which they punctuated during the chorus with an explosion of red, white and blue confetti. The stage also featured a video screen showing footage of an American flag.



Emcee Cledus T. Judd’s T-shirt shared the sentiment, “F--k terrorism,” while opener Cagle encouraged the crowd to “scream out loud if you love this country.” Afterward he added, “Just wait and see, Osama.”

Cagle provided the strongest opening set. He punched the air with his mic played off of fiddler Alex DePue, who, with his round glasses and long pony-tailed hair, looked like Ozzy Osbourne. Cagle and his band hinted to their love of rock music by playing snippets of “Life in the Fast Lane” and “Back in Black.”



Trick Pony was impressive, but many of its members’ jokes fell flat, including one during which the bassist, Ira Dean, said Johnny Cash and Waylon Jennings mistook him for Kid Rock during the recording of “Big River.”



Reportedly ill, Allan forged ahead with his rowdy songs. “Alright Guy,” the rollicking title-track from his latest album, elicited chuckles from lyrics that reference Madonna’s book, “Sex,” medicinal marijuana and calling police officers derogatory names. The closer, “Right Where I Need to Be,” was the most well received of the set.



Yoakam, with his trademark tight jeans, sang a number of his own songs ("Fast as You,” “Little Ways") as well as covers including Cheap Trick’s “I Want You to Want Me” and Queen’s “Crazy Little Thing Call Love.” Yoakam also offered “What’s Left of Me,’’ a stellar ballad that he said he penned with Mick Jagger. Though he repeatedly apologized for suffering from the flu, his vocals were strong.



Judd--country’s version of “Weird” Al Yankovic--served as the Neon Circus and Wild West Show’s emcee, introducing each act and performing two parody songs--"It’s a Great Day to be a Guy” and “Breathe"--from his latest album “Cledus Envy.” He sang with the help of back-up DATs, which provided for an awkward echo.

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Album release, North American tour ahead for Sonic Youth

Sonic Youth has mapped out a North American tour in support of its forthcoming album, “Murray Street.”

Sonic Youth has mapped out a North American tour in support of its forthcoming album, “Murray Street.”

The jaunt, which kicks off Aug. 1 in Dallas at an as-yet unconfirmed venue, includes a free concert at Central Park’s Summer Stage. Prior to the Dallas show, the band heads to Europe for a tour and then to Japan to perform as part of the Fuji Rock Festival.



Sonic Youth features longtime members Thurston Moore, Kim Gordon, Lee Ranaldo and Steve Shelley. Jim O’Rourke is the latest addition.



According to a press release, Interscope revived its DGC label for “Murray Street,” which hits stores June 25. Recorded in the winter of 2001-2002, the album was named after the Murray Street location of Sonic Youth’s studio, Echo Canyon. While working on “Murray Street,” Sonic Youth also scored the music for Olivier Assayas’ film, “Demon Lover,” and for Allison Anders’ Showtime film “Things Behind the Sun.”



In early 2001, Sonic Youth recorded with French chanteuse Brigitte Fontaine in Paris. The recording is scheduled to be released in the fall as a CD/DVD on Sonic Youth’s SYR label.

Keeping with their intense work ethic, the members of Sonic Youth also kept busy with art exhibits in New York, Australia, Toronto and Los Angeles. In March, they curated the All Tomorrow’s Parties festival on the UCLA campus. The festival--which was postponed from October because of Sept. 11--featured Sonic Youth, Sleater Kinney, Television, Cat Power and Eddie Vedder, among others.



In the fall, Universal Music will reissue Sonic Youth’s 1992 album “Dirty” as a double CD package. The remastered recording will feature B-sides, compilation tracks, unreleased 8-track demos and new graphics. The band’s releases “Goo” and “Daydream Nation” are also set for re-release.

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Saturday, June 01, 2002

“O Brother” artists regroup for second leg of Down from the Mountain

The second leg of a tour featuring many of the artists who performed on the Grammy-winning “O Brother, Where Art Thou” soundtrack gets underway in June.

The second leg of a tour featuring many of the artists who performed on the Grammy-winning “O Brother, Where Art Thou” soundtrack gets underway in June.

Dubbed the Down from the Mountain tour, the summer bill includes Alison Krauss & Union Station, Emmylou Harris, Patty Loveless, Ralph Stanley, the Del McCoury Band, Norman & Nancy Blake, Ricky Skaggs, Dan Tyminski, Chris Thomas King, the Nashville Bluegrass Band, the Whites, Jerry Douglas, and master of ceremonies Bob Neuwirth. The exact lineup will vary from market to market.



The first leg of the tour, which took place in January and February, visited 17 cities and sold out 19 shows.



The “O Brother, Where Art Thou?” motion picture soundtrack garnered five Grammy Awards this year, including Album of the Year; Best Compilation Soundtrack Album for a Motion Picture, Television or Other Visual Media; Best Country Collaboration with Vocals for “I Am A Man of Constant Sorrow” (Dan Tyminski, Harley Allen & Pat Enright); Best Male Country Vocal Performance for “O Death” (Ralph Stanley); and Producer of the Year for T Bone Burnett.



The Best Traditional Folk Album Grammy was awarded to “Down From The Mountain,” a subsequent album produced by Burnett that features several artists from the “O Brother, Where Art Thou?” soundtrack performing live at Nashville’s Ryman Auditorium.

The “O Brother” soundtrack, which was one of the 10 top-selling albums of 2001, is certified multi-platinum for shipping more than 5 million copies in the U.S.

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Pantera’s Anselmo takes latest project on tour

As if fronting both Pantera and Down wasn’t keeping him busy enough, Philip Anselmo is heading out for a tour behind the debut release from his latest outfit, Superjoint Ritual.

As if fronting both Pantera and Down wasn’t keeping him busy enough, Philip Anselmo is heading out for a tour behind the debut release from his latest outfit, Superjoint Ritual.

The metal quintet also features guitarist Jimmy Bower, drummer Joe Fazzio, touring guitarist Kevin Bond and a touring bassist who goes by the name “III.”



Anselmo, who handles only vocals with Pantera and Down, also picks up a guitar with Superjoint Ritual, while Bower--who is the drummer for Corrosion of Conformity, Down and EyeHateGod--is Superjoint Ritual’s primary guitarist.



“Use Once and Destroy,” Superjoint Ritual’s debut album, hits stores on May 21. The group recently filmed at Anselmo’s New Orleans home music videos for the album’s tracks “F**k Your Enemy” and “The Alcholik.”



Superjoint Ritual’s June outing is tucked between the end of Down’s May headlining club tour and the start of its run atop Ozzfest‘s second-stage roster.

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