Grand Theft Auto IV sold 6 million copies in its first week at $60 a pop in the USA. Globally it brought in $500 million. That outstrips all of the first weeks music CD sales from top artists since 1991. Here’s the top 5 list of those week one sales in units not dollars:

1. ‘N Sync - No Strings Attached - 2.4 million
2. ‘N Sync - Celebrity - 1.9 million
3. Eminem - The Marshall Mathers LP - 1.8 million
4. Backstreet Boys - Black and Blue - 1.6 million
5. Britney Spears - Oops….I Did It Again - 1.3 million

On April 29th one day sales for Grand Theft Auto IV were 3.6 million copies. Now, let’s hear it from all those folks who say that internet file sharing is killing music sales….

The thinking shed

I suppose it was inevitable. The same day the Gang of Four news broke I received a letter from the International Federation of the Phonographic Industry (IFPI) asking me to comply with the Digital Millennium Copyright Act (DMCA). The IFPI has every right to ask me to comply with the law as it stands under the DMCA, the problem is this -

“The Digital Millennium Copyright Act has been criticized for making it too easy for copyright owners to encourage website owners to take down infringing content and links when it may not in fact be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA.”

This is the critical phrase “it is in their interest not to challenge it” and of course I can not challenge it. The file in question was ‘Silence’ by Portishead which arrived in my inbox purportedly directly from the band. It was an unfinished version of the song so my presumption was, that like many bands these days, Portishead or their label had ‘leaked’ the file to create a buzz. The buzz worked - the song was everywhere on the ‘net especially on the music blogs. Then the notice, then the takedown.

If we bloggers are now going to be targeted for infringing works it means we must now be extra diligent in finding out where the music files are coming from. It’s an odd situation to be in. For years the way to expose music to people was via the airwaves on FM radio. The songs were given away free and if they were popular, album sales followed. And let’s not forget payola too, the practice of rewarding radio DJs with cash and gifts to play those songs on the air. Then there’s MTV where the record labels pay hundreds of thousands of $$$$’s to give content to Viacom for free to air on the channel. I argue that music blogs are the new radio and I said as much on my panel at SanFranMusicTech on Thursday. The DMCA is now ten years old as it was signed into law by Bill Clinton in 1998. It’s time for an overhaul and a new look at how music is exposed to a very large interactive audience. Obviously I will now use my absolute best efforts to comply with the current DMCA. Meanwhile the labels should heed the words of Terry McBride of Nettwerk - “You can’t litigate behaviour.” The Moose will continue to support independent musicians and labels.

Read the notice and my reply.

Gang of Four (l-r) Gill, King, Allen, Burnham


Allen (l) and Burnham (r) in happier times, May 5th 2005 backstage at Portland’s Crystal Ballroom (pic: Jamie Francis)

GANG OF FOUR MINUS TWO

The original and best-loved line-up of famed post-punk icons Gang of Four reunited in 2005 to great acclaim and success - unfortunately all good things must come to an end. Bassist Dave Allen and drummer Hugo Burnham are moving on, although singer Jon King and guitar-player Andy Gill will continue, focusing on writing and recording new music as Gang of Four. Burnham last performed with the band at All Tomorrow’s Parties in the UK in December 2006, while Allen played a few shows alongside drummer Mark Heaney in 2007, and recently worked on new material with King and Gill.

Allen says, “At the beginning of April, I decided that I could no longer continue to be a member of Gang of Four. My ability to give 100% to the band is limited and I feel that if I can’t do so, then I shouldn’t continue. As I expand my research and thinking about contemporary music distribution on Pampelmoose.com, and as I focus on online technology and social networking at Nemo Design here in Portland, I find myself conflicted about how the band’s new music should be released. To retain any credibility for Pampelmoose.com about what the future of music distribution will look like, I have to move on and not hold back Jon and Andy’s music plans. I have had a side project for a while now with John Askew of Tracker and Menomena’s drummer Danny Seim called Faux Hoax (pronounced Folks), and I look forward to fun times finding ways to get our music into peoples’ hands in unique ways.”

Burnham writes, “It was a great couple of years of intermittently reminding people old and new, far and wide just how powerful the original four of us were together. Age only increased our power and focus onstage, and it was a rare pleasure to work with the original band once again. Being in a band requires handling the business side of it too, and that became boring and the constant travel became debilitating. I am soon to start my Doctorate, as well as broadening my teaching at more than one college here in Massachusetts, so my free time has become increasingly limited, making it difficult to be involved with them going forward. Musically, I am recording and writing with members of Boston noise-merchants, The Bags and I have also been doing some recording lately with Mike Watt. I wish Jon and Andy luck with their new musical endeavours; I am sure they will be interesting.”

Michael Cogliantry - Furry Kama Sutra from Dave Allen on Vimeo.

Dress up in animal suits, go to a designated site, begin the grope and enjoy anonymous sex. The video has Michael Cogliantry explaining what went into his exhibition, Furry Kama Sutra at the Nemo Design space.

The Dandy Warhols return with a free MP3 from the new self-released album ‘Earth To The Dandy Warhols’

The Dandy Warhols - The World, The People, Together (Come On)

Horsefeathers perform live at Portia and Slim Moon’s BBQ from Dave Allen on Vimeo.

I spent Sunday afternoon out in Washington state, near Battle Ground actually. Portia from Kill Rock Stars and her husband Slim held a BBQ at their house and invited many people who had at least a tenuous connection to the indie music scene. Mecca Normal performed and for me that was a first as I had never seen them and I know they have had a heavy influence on many musicians in the Northwest indie rock/riot grrrl movements. Amongst the crowd were Hutch and Kathy of The Thermals, Carrie from Sleater-Kinney and Rachel Blumberg who was telling me about touring with Bright Eyes and working with M Ward and how she really enjoyed his She and Him project with the actress Zooey Deschanel. And as you can tell by the video, Horsefeathers performed a set too. I also edited some footage from the day to a Horsefeathers song Hardwood Pews - watch it here.