FRENCH GOVERNMENT CONSIDERING CONTENT TAX FOR ISPS AND SEARCH FIRMS
The French, eh? Always game for a laugh. French newspaper Liberation says that a report commissioned by the country's government is set to propose the taxing of the internet advertising revenues of big web players like Google, MSN and Yahoo! to create a fund for the content and creative industries most hit by the internet revolution. Internet service providers may also be subject to the content levy proposed in the report.

France has, of course, enjoyed the most supportive of all governments when it comes to helping the record industry combat illegal file-sharing, with a pretty hard-line three-strikes system that will force ISPs to cut off the net connections of persistent file-sharers due to go live this year.

The new report tackles another issue currently bothering the traditional content industries, and raised most vocally of late by Rupert Murdoch. That the big commercial winners of the internet to date have been the ISPs and major search engines, both of whom provide or simplify access to content on the net, but neither of which generate much content of value themselves.

Meanwhile the traditional media firms, who provide a lot of that content (alongside the blogosphere and contributors to UCG platforms like Wikipedia, of course), have, in the main, so far struggled to make much cash from their online operations. Plus those content companies who are now enjoying healthy digital incomes by licensing their content to others - the record companies for example - are still really relying on venture capital funded start-ups for a fair portion of that income. Some in the creative and content industries are convinced that long term this set up isn't going to work.

While there is presumably a commercial solution to all this somewhere, the French report seemingly proposes a legislative approach in which web service providers would be forced to share a portion of their money with the creative sector. Quite how that would work isn't clear. Levy systems are always rather complicated, and often rely on there being some kind of compulsory licensing where levies are distributed through a collecting society, or on the creative industries accepting the benefits of the money being pumped into educational or grant schemes. Though it's thought this report actually proposes using the money to fund government subsidised online content services.

Of course any content tax applied to ISP subscriptions or search engine ad revenues is going to be controversial, even more so than the aforementioned three-strikes system pushed through by the French government. Even many of those who oppose three-strikes do accept that file-sharers are doing something wrong when they access and share unlicensed sources of music. But few believe that ISPs should be liable for helping cover the costs of content services they provide the technical means to access, nor search engines for the content services they link to.

Those behind the report - which includes Sothebys France President Guillaume Cerruti, former minister Jacques Toubon and Naïve Records co-founder and IMPALA co-President Patrick Zelnik - might argue that those who created the printing press, gramophone and video recorder all had to invest in the content their technology utilised in order to make their emerging industry viable. Though the ISPs and Googles of this world would probably point out that investment was rarely achieved through taxation.

Liberation say the report was submitted to the French government earlier this week. It's not clear what French ministers intend to do with it, and whether it will actually lead to any legislative proposals.

In sort of related news, the French equivalent of the UK's Copyright Tribunal (sort of) this week passed new royalty rates for the public performance of sound recordings in bars, restaurants and shops in the country. These used to be tied to the royalty rates paid to the owners of the publishing rights in songs, so artists and labels who owned recording rights received 18% of the publishing royalty. But under the new system royalties paid to the recording and publishing rights holders for public performance in France will be separate.

The move will mean the French record industry getting a higher royalty. So needless to say, they are pleased with the new arrangement. Well a bit pleased. One of the collecting societies involved in the operation - needless to say the one representing the four major record companies - said that while they welcomed the separation of publishing and recording royalties, they don't feel the new recording royalty is high enough. Well, they wouldn't, would then?

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OINK TRIAL KICKS OFF
So, the Oink trial kicked off at Teesside Crown Court this week, which is exciting, because it gives us an excuse to put their cute pig logo on the CMU News-Blog. And it is the cutest logo to have ever come out of the P2P phenomenon. Though covering this trial isn't all good news. There's the whole issue of whether to write it Oink or OiNK. We asked the judge for legal clarification on this, but he was too busy giggling at the cute pig logo to comment, so we're going with Oink. For now.

Anyway, you may or may not remember that Oink was a British-based invite-only file-sharing community providing links to BitTorrents of all sorts of unlicensed content. According to prosecutors, when they shut the community down in 2007 it had just under 200,000 users, who between them had downloaded some 21 million illegal songs. I'm not sure where that last stat comes from because I'm not sure file-sharing tracking technology is clever enough to know that for a fact, but whatever.

Six men were arrested in connection to the site, four of whom pleaded guilty to copyright infringement in late 2008, getting community service and fines for their crimes. Two cases are pending, the biggest of which is that which began this week, the case against Alan Ellis, who founded the community. He is charged with conspiracy to defraud.

Ellis, of course, denies liability for copyright infringement, using the classic defence, that the Oink website and server did not, in itself, host any unlicensed content, it merely provided a forum through which others could share music. Sometimes the classic defences are the best defences, though in most P2P service provider cases around the world that one has failed, with the providers of P2P software like Napster and Kazaa, and BitTorrent search and tracker services like The Pirate Bay, generally being found guilty of contributory or authorising infringement. This, however, is the first big test of the concept of authorising infringement in the P2P domian in the English courts.

Other revelations presented at the outset of the prosecution's case this week centred on the monies made by Ellis by operating the venture. There wasn't a subscription fee as such for using Oink, but users were encouraged to make donations, and it's alleged that a donation was compulsory whenever someone wanted to invite a friend to join the community. Prosecutors say Ellis had amassed $300,000 in donations by the time site was shut down.

According to The Times, prosecutor Peter Makepeace told the court: "It is clear that he received by way of donations personally almost $300,000. Every penny was going to Mr Ellis. He hadn't sung a note, he hadn't played an instrument, he hadn't produced anything. The money was not going to the people it rightly belonged to, it was going to Mr Ellis".

Prosecutors say that while Ellis pleaded not guilty when questioned about his role in copyright infringement, he refused to answer their questions when it came to the monies generate by the Oink service.

Arguably the fact Ellis profited from running the Oink service is not relevant with regards his liability for copyright infringement - he could still be liable if no money at all had changed hands. Though it's the large amount cash generated by Oink that made this a criminal rather than civil case, which, of course, has an impact on the ramifications of being found guilty.

Either way, the prosecution's opening statements were all a bit predictable. But given this is, to an extent, a test case in English law, it will be interesting to see what arguments Ellis' defence will try out. The case continues.

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ITALIAN JUDGE JUSTIFIES THE PIRATE BAY RULING
Back to The Pirate Bay for a second, and the Italian judge who last year upheld an earlier court ruling ordering ISPs in the country to block access to the rogue BitTorrent search service has issued a statement explaining his decision. Apparently judges waiting three months to explain themselves is normal in Italy.

As previously reported, Italian record label trade body FIMI took legal moves to force ISPs in the country to block access to the Bay in 2008. They were successful at first instance, but the Bay managed to get that ruling overturned on appeal. FIMI persevered, appealing the appeal, and last September Italy's Court Of Cessation reaffirmed the original ruling, which ordered net firms to stop their customers accessing the Bay.

In his statement on the matter, the Court Of Cessation judge said this week that Italian law gave him the power to close or prevent access to websites that distribute - or, presumably, assist in the distribution - of unlicensed content. He said: "A judge may impose the preventive closure of a website which distributes, without permission, material that is protected by copyright. A judge may also request that an Internet service provider cuts off access to such sites, with the purpose of preventing the illegal distribution of such works".

Needless to say, FIMI back the judge's comments. Their top man Enzo Mazza said yesterday: "At a time when there's plenty of talk about internet self-regulation, the legal authorities have clearly indicated how to deal with the issue of illegality on the web. They have shown that the rules which apply in the real world should also operate in the internet, and that we shouldn't surrender to facile demagoguery, which would have us believe that the net should have no rules, and that you can break the law without being punished".

Of course while FIMI win on a legal level, they continue to struggle on a technical one, given the Bay continues to provide its services to Italian web-users from various different IP addresses, meaning anyone keen enough can still access the BitTorrent service despite it being officially blocked by the country's ISPs.

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STEVEN TYLER EXTENDS REHAB STAY
Aerosmith frontman Steven Tyler has cancelled a planned solo show at the end of the month to extend his current stay in rehab, which began in December. Which either means he really likes it there or he's having more trouble than expected kicking his addiction to painkillers.

Tyler had been lined up to perform in aid of various charities at an event, entitled 'Dream On: An Intimate Evening With Steven Tyler', on 23 Jan. Kat Strange, communications director for one of the organisations involved, Child And Family Services, told FemaleFirst: "Our agency and the people working with the artist's management all agree that we want to reschedule this date. Given the serious health concerns Mr Tyler is facing, you just can't pick a day, but that's Plan A".

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ELLIE GOULDING NAMED SOUND OF 2010
In news that should come as a surprise to precisely no one, Ellie Goulding has come out top in this year's BBC Sound Of 2010 poll, which asks a team of 165 music journalists, DJs, presenters, producers and bloggers (including CMU Editor Andy Malt, which validates the whole thing, if you ask me) to pick their favourite new artists who'll be making waves over the coming year.

Having already won this year's BRITs Critics' Choice award, Goulding is set to release her debut album, 'Lights', on 1 Mar via Polydor. Previous winners of the annual BBC poll include Little Boots, Adele, Mika and 50 Cent.

The full 2010 top five looks like this:

1. Ellie Goulding
2. Marina And The Diamonds
3. Delphic
4. Hurts
5. The Drums

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SANTIGOLD PRODUCES DEVO, STARTS ALBUM #2
Santigold is keeping busy. She's just revealed that she's recently been producing new recordings by new wave legends Devo and is starting work on her second album.

Speaking about working with Devo, she told Paste: "It was amazing. They're just, like, my band idols. Them and The Smiths. But Devo, I made them pull out the red hats and pose for a picture".

She continued: "I am starting my new record right now, and I'm really excited about it because I've been on the road for three years - literally, three years - and it's been a lot".

On the subject of her debut, 'Santogold' (which was eponymous back then), she admitted that while it hadn't been a massive commercial success, it had exceeded her expectations, saying: "I haven't sold a tremendous amount of records. I haven't really hugely broken through on radio. And I'm definitely not a household name. But this record did way more than anyone thought it would do. I didn't even think anybody in the States would like this record. There was no music out like it, and it was during a time when you had to kind of fit in. Nobody was really checking for genre-less music. Certainly didn't think all the different types of people would like it. I was shocked that it was really so well-accepted in the whole hip hop world. [And] I was really excited that people like Björk and David Byrne liked it".

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MADONNA BEGINS WORK ON NEXT ALBUM
Madonna has reportedly begun work on her next album, with Brendan O'Brien and A-Trak amongst the producers on board for the project. An unusual combination, O'Brien is of course best known for his work with Pearl Jam and Rage Against The Machine, while A-Trak is best known as Kanye West's DJ and one half of Duck Sauce with Armand Van Helden.

A-Trak apparently told the Daily Star: "It's my production, turned into song structure - halfway between rap and electronic and whatever else I listen to".

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LIL WAYNE ALBUM TO BE RELEASED IN FEBRUARY AFTER ALL
Well, it turns out that when we speculated earlier this week that our previous speculation that the release date of Lil Wayne's 'Rebirth' album had been shifted back to coincide with his upcoming sentencing for those much reported gun charges was wrong, we were wrong. Are you keeping up with this?

The album has been subject to numerous release date changes, and when a December release was cancelled at the last minute last month a February launch was mooted. Which is the month Wayne will be sentenced. But then earlier this week Walmart changed the release date on its etail website to 22 Jun, and the album simply dropped off other online stores. However, the rapper's publicist has now insisted that they will be attempting to cash in on coverage of Wayne's prison sentence as originally planned, by releasing the album on 2 Feb. Well, they weren't quite as explicit as that.

In other 'Rebirth' news, Mack Maine, president of Wayne's label Young Money, has told fans that the final version of the album will not be the same as the one accidentally sent out to customers who had pre-ordered it on Amazon last year. He tweeted: "Leaked 09 'Rebirth' isn't going to be 2010 'Rebirth'".

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REDNEX RELEASE SINGLE VIA PIRATE BAY
The people behind The Pirate Bay have been accused of all manner of things, but surely their latest move will make it difficult for them to argue that they aren't enemies of music. The rogue BitTorrent search engine is heavily promoting the new single by Rednex (most famous for their 1994 number one single, 'Cotton Eye Joe'), which is being made available for free via the site.

Announcing the release of 'Devils On The Loose', the band said: "We think that this is undoubtedly the future method of releasing music. Within twelve years all the record companies will be extinct and the copy-free system will rule, no matter what anyone tries to do about it. It is inevitable and we are simply adapting to the coming reality. We admire the file-sharing communities and the unrestricted spread of information, as this will ultimately lead to great all-round benefits. We see the record companies as dying, phlegm-coughing dinosaurs that have no function in the new system".

The release is accompanied by a 28 page document explaining in further detail their reasons for taking this route with the release and asking for donations to fund it.

If you cast you mind back a couple of years, you might remember that Rednex last harebrained money-making scheme was to put themselves up for sale on eBay. Back in April 2007 you could pick them up for just $1.5m. Although they've so far had no takers, the price now stands at $2.9m. Make your offers at www.rednexforsale.com and please don't all rush at once.

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SLAYER CANCEL TOUR
Slayer have announced that they are cancelling all upcoming tour dates, including UK shows which had already been rescheduled from last year, as frontman Tom Araya requires further surgery for an ongoing back problem. Organisers are working to reschedule the shows for later in the year.

The band's manager Rick Sales said in a statement: "Tom gave various medical treatments more than a fair shot but they just haven't handled the problem, so he's biting the bullet and is scheduled for back surgery at the end of this month. As unfortunate as this is for so many people, Tom's health is the number one priority, and this has to happen".

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FUTURE OF THE LEFT BACK ON THE ROAD
Future Of The Left will be on tour in the UK again later this month before heading into the studio to begin work on their fourth album, their first since parting ways with 4AD.

Of the impending studio time, the band's Andy Falkous said: "Before the process of starting each record I always say I want to write a pop album and then our personalities get in the way. This time I'm hoping to take the thing full circle and to channel the spirit of Freddie Mercury through Slayer's backline".

Tour dates:

16 Jan: Newcastle, Cluny
17 Jan: Aberdeen, Tunnels
18 Jan: Glasgow, King Tuts
19 Jan: Manchester, Ruby Lounge
21 Jan: Nottingham, Bodega
22 Jan: Leeds, Cockpit
23 Jan: Sheffield, Corporation
28 Jan: Cardiff, Clwb Ifor Bach

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QUACK QUACK SIGN TO CUCKUNDOO, ANNOUNCE TOUR
Genre-jumping instrumental trio Quack Quack have signed to Leeds indie label Cuckundoo (home also to CMU favourites Vessels) to release their debut album, 'Slow As An Eyeball', later this year. Before that, they'll be heading out on a brief UK tour.

For a taste of what to expect, check out this live video: www.youtube.com/watch?v=0ih_drxWAC4

Tour dates:

27 Jan: Leeds, The Library
28 Jan: London, The Dome
29 Jan: Reading, South Street
31 Jan: Cambridge, The Portland Arms
21 Feb: Leeds, Brudenell Social Club

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CITY SHOWCASE GOES EAST
Organisers of the City Showcase festival have announced a whole extra strand to this year's event taking place in South East London, with a hub around New Cross, but taking in other venues and shops around the Docklands area, including the British Music Experience in The O2 complex.

The new part of the festival will be run by the Music Tourist Board people under the banner City Showcase Rocklands. Gigs will take place on 6 and 7 May at various venues, and bands interested in appearing are invited to send a MySpace (or other web) link, brief biog and photo to caffystluce.rocklands@googlemail.com by 14 Feb.

The main City Showcase takes place in venues and stores around London's West End from 6-8 May.

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PHARRELL TO KEYNOTE AT MIDEMNET
So, while the live industry will gravitate to Groningen for Eurosonic Noorderslag next week (more on that on Monday), the record industry will shimmy on down to Cannes at the end of the following week for Midem.

It all kicks off with the digitally-focused Midemnet, of course, and yesterday organisers announced that a certain Pharrell Williams will provide a keynote speech during that part of the proceedings, on 23 Jan. The NERDy Neptune will be sharing his vision of the future of the music industry, apparently.

More at www.midem.com/en/midemnet/

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THE HALF MOON IS SAVED
The owners of The Half Moon in Putney have reversed plans to convert the establishment into a gastro pub, a move that would have deprived West London of one of its more popular small gig venues.

As previously reported, both musicians and music fans rallied to a campaign late last year to stop brewers Youngs from removing the live music facilities at the Putney pub, which has hosted music events since 1963, with the likes of Kasabian, U2 and, most notably, The Rolling Stones all playing there over the years. The brewery wanted the revamp after a difficult year for the pub, reckoning more money was to be made from a food-based set up.

But, facing vocal opposition from both locals and a Facebook group of music fans, Youngs have now agreed a deal with The Half Moon's current management that will ensure the pub will continue to be a live music venue. Food will be introduced, but in a more streamlined fashion, while the venue's former bookings manager Carrie Davies will be brought back in in a bid to turn round the venue's fortunes.

The venue's manager, James Harris, told reporters: "The support from the public and the industry has been overwhelming. This was never just about jobs, but about a part of our music heritage. We still face tough times ahead, but at least we can move forward now, and my staff and myself are thrilled and excited".

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NEVRKLA SIGNS UP TO TWO MORE YEARS OF PPL
The boss of recording rights collecting society PPL has announced he will stay with the company for a further two years. The new deal means Fran Nevrkla, who has been with PPL for nearly ten years, will stay there until at least the end of 2011.

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PANDORA INVOLVED IN FORD'S IN-CAR NET-APP PLATFORM
US streaming radio service Pandora is coming to your car. Well, if you're American and have a Ford. A rep from the car company was at the Consumer Electronics Show in Las Vegas yesterday to show off MyFord Touch, an in-car 'communications and navigation system' which provides a number of mobile-internet-enabled voice-activated technical whatnots for easily bored drivers.

Among the services to be available on the in-car system when it appears in new Ford vehicles later this year are Twitter, news service Stitcher and streaming music operation Pandora. The car firm and their tech partners Pioneer Electronics are also making APIs and the like available to encourage others to provide services for the in-car net platform.

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MUZU ANNOUNCE SAMSUNG DEAL
Elsewhere at CES, MUZU have announced a new UK partnership with Samsung which will see the music video providers stream content onto the electronics giant's new internet enabled tellies. The Samsung devices will use a specially adapted version of the MUZU player, which will access all the video content that is already available via their web-based platform.

Confirming the partnership, MUZU CEO Ciaran Bollard told CMU: "We're excited about bringing MUZU.TV into millions of living rooms across the UK via the incredibly innovative Samsung 2010 range of TVs and Blu-ray players. MUZU.TV has amassed one of the largest legal music video libraries on the web, so music lovers won't be left wanting regardless of what genres they're into. We think people are going to be very impressed by the fantastic quality of the videos, and we look forward to powering the music for many late night parties -- just as long as we're invited to one or two of them!"

Rob Shaw, General Manager CTV & HP at Samsung, added: "The new MUZU.TV application is a great example of how the Internet@TV service can really enhance Samsung technology. The way consumers are using the internet in their living room is constantly changing and we believe the combination of great applications like MUZU.TV and Samsung technology are leading the way in modern home entertainment".

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MARIAH CAREY GETS DRUNK AT AWARDS CEREMONY
I'm not sure there was ever any speculation over why Mariah Carey appeared to be drunk when she accepted the award for Best Breakthrough Actress for her role in upcoming film 'Precious' at the Palm Springs International Film Festival earlier this week. But when she subsequently appeared at the People's Choice Awards on Wednesday, someone asked her what the deal was anyway. It turns out she was, erm, drunk.

Mariah explained: "We'd been sitting there celebrating this whole time, we had splashes of champagne. I hadn't eaten. It was fun. If people don't understand me and think I'm just this girl who stands by a microphone and sings 'Hero' then they're definitely not going to get me. If people knew me they would understand I have a sense of humour and basically that's what gets me through life".

So, here's what it looks like when you get Mariah Carey drunk and give her an award: www.youtube.com/watch?v=Jrou5EKY2zk

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