Ministry Of Sound take on Spotify to protect not-so-secret recipe

Ministry of Sound don't really have much of a recorded music business, when you think about it. All it does is scrape together a bunch of other people's singles, bundle 'em up, and flog 'em off.

Trouble is, anyone can create similar bundles of tracks - as a Spotify playlist, for example. And that's what people are doing. And sometimes, they're just emulating the track-listing of MOS collections, and even pointing out that's what they're doing in the name.

This has upset the Ministry. Rather than chuckling "well, we've had two decades of being able to make money out of making mixtapes, which was taking the piss in the first place" and moving on, they're taking legal action, somehow thinking a list of songs is protected by copyright:

“Everyone is talking about curation, but curation has been the cornerstone of our business for the last 20 years,” says [CEO Lohan] Presencer. “If we don’t step up and take some action against a service and users that are dismissing our curation skills as just a list, that opens up the floodgates to anybody who wants to copy what a curator is doing.”

Oh, Lohan. The music industry has spent the time you've been busy shuffling "anthems" into different orders trying to prevent people from helping themselves to the songs themselves; you don't think trying to protect the idea that Jam And Spoon comes after Underworld is a doomed exercise?

BT hit delete, tell Ministry Of Sound these are not the customers they're looking for

That stamping of feet? That'd be coming from Ministry Of Sound, enraged that BT have deleted private data the MOS were demanding to pursue unlicensed filesharers. MediaGuardian explains:

BT had agreed to retain the personal details of 20,000 of its customers earlier this year, so that Ministry of Sound could pursue them once an injunction on the court order was lifted. However, the record label today said that BT had "failed to preserve" the details.

The telecoms company was granted an injunction on the original court order, submitted by law firm Gallant Macmillan on behalf of Ministry of Sound, on 4 October. The broadband provider argued that it would continue to challenge such orders – known as "Norwich Pharmacal orders" – until the rights holder and law firm can prove that accusations of illegal filesharing have "some basis".

It almost makes you forgive BT for those Kris Marshall ads, right?

Ministry Of Sound likes to think of itself as a record label, although grouping a bunch of other people's tracks together and slapping a picture of a foxtrelle in a bikini on the sleeve isn't really being a record label, is it? Still, it has copyrights and it's going to protect them, dammit:

The Ministry of Sound chief executive, Lohan Presencer, said: "It is very disappointing that BT decided not to preserve the identities of the illegal uploaders."

Alleged illegal uploaders, surely, Lohan. You claim they were "illegally" uploading, but BT suggested that you hadn't shown these claims had any basis.

"Given that less than 20% of the names remain and BT costs have soared from a few thousand pounds to several hundred thousand pounds, it makes no economic sense to continue with this application."

Again, there's that whining sense from the copyright industry that they shouldn't be expected to pay the costs of their own security - like the bloke from the corner shop wanting the council to pay for his CCTV as the kids who steal Mars bars use the street to get there.

It's a bit surprising, though - let's say everyone on the MOS list was somehow stealing from them. 20% of a list of 150,000 is still 30,000 chummies making off with Carl Cox remixes.

And, surely, the people on the list must have been serial abusers to have made it worthwhile pursuing them in the first place, so shrugging about 30,000 bad, bad people seems a bit strange.

"We are more determined than ever to go after internet users who illegally upload our copyrighted material."

Except, oddly, not for the 20% of names for whom BT still hold the details. Not really determined about them any more.

"We will be making further applications for information from all ISPs. Every time that a track or album is uploaded to the web it is depriving artists of royalties and reducing the money which we can invest in new British talent."

Ah, yes. New British talent. Those '15 years of anthems' or 'Dave Pearce: 1995' albums don't just create themselves, you know.

Look, I could go through the whole 'an unlicensed download is not the same thing as a lost sale' argument, but I think even Ministry Of Sound know that nobody really believes in the old 'every time a track is downloaded, an angel loses its wings' saw. In fact, lets just pretend that Lohan said "everytime someone goes out in the sunshine for free vitamins, it means the loss of a sale of an orange and reduces our ability to invest in Florida."

The sudden decision to drop the pursuit of 30,000 alleged infringers might look a little like Ministry Of Sound not really wanting to have to explain the quality of their data in a court. BT sweetly points out they're more than happy to help. With safeguards:

"The safeguards we aim to establish via the court are on the security of data handling, a threshold for providing a customer's details based on a minimum number of separate incidents, the tone of contact with broadband subscribers and a reasonable approach to financial compensation sought."

All of that seems reasonable enough. You'd have thought that Ministry Of Sound, determined to pursue these villains, would have been happy to give those assurances, and give them quickly. Strange that - despite this sapping their ability to invest in another Housesexy collection - they chose not to.

[Thanks to Michael M]

Ministry Of Sound under threat

If the National Trust have the time and the energy after dealing with Abbey Road, they might have to move on to protecting the Ministry Of Sound. There are Homes Under The Hammer types measuring up to put in flatlets and modern-style bedsits over the street:

The dance club, which has been running for 18 years in Southwark, is in danger of losing its license if proposals are approved by Isle Of Man developer Oakmayne to build a residential building opposite the club.

It would seem a bit of a cheek to put homes opposite an established nightclub and then block the club's licence because it might disturb the sleep of people who moved in there. MOS ain't happy:

Ministry Of Sound Group CEO Lohan Presencer said: "When Oakmayne told us that 'nightclubs come and go', we were horrified.

"Ministry of Sound is not just any nightclub, it’s the most famous nightclub in the world and the heart of a global entertainment business. We must do everything in our power to save our club and our business."

It's not the most famous club in the world, you silly, but it is quite well known. And, frankly, the existence of the club hardly seems to connect in any way to the rest of the business - which is about releasing tatty compilations and workout DVDs.

Even so, it seems totally unfair that new neighbours can move in and close a club down. You'd have to support Ministry Of Sound on this. Unless the whole protest is merely a ploy to try and persuade the developers to buy the MOS building too.

Trinity Street has gone

Thanks to the people who confirmed the earlier story about the closure of Trinity Street.

There's now some signs of the company going into administration, with Oasis and Razorlight losing their online stores and Orson and Ministry Of Sound websites vanishing altogether.

Kind of ironic that MOS, which once was attempting to turn itself into an ISP no longer even runs its own website services.

Ministry rebrands: No longer about Sound

The world of diminishing returns has persuaded the people in charge of Ministry of Sound to rebrand.

Ideas they considered were Department Of Dance Catalogue Compilation CDs; Yes We Are Still Going Actually Why Don't You Go And Be Sarcastic Outside Cream's Offices Instead and MinSound 2.0. Instead, they've gone with MSHK.

No, they really have. Apparently this is to reflect, um, something:

According to the independent music powerhouse, the name-change mirrors its diversification into new revenue streams, which now include HedKandi branded toiletries, camping equipment and audio hardware.

"Independent music powerhouse", we should point out, was Billboard's phrase. So, they're licensing a name to manufacturers of intimate hygiene wipes or something, so they need to change the name of the company? Is that out of shame?

Indies show independence over EMI-Warner embrace

We've been puzzled over the last few years watching the independent sector forming more and more alliances - sure, co-ops are great, and there is power in a union and all that, but if you're all going to agree, what's the point of being independent?

Now, something has finally turned up to fracture the indie consensus: the fate of the biggest indies of them all, Warner and EMI. The international indie organisation, Impala, has decided that its somewhat in favour. But that's annoyed Ministry of Sound so much to the point that it's pulled out of AIM, the British branch of Impala.

Warners have bought Impala's support with little more than a promise - "no strings attached" says Impala; "no solid guarantee", we suspect - to back Merlin, yet another digital rights management initiative:

"IMPALA believes that Merlin will serve as a catalyst for entrepreneurialism and diversity on-line. IMPALA believes that the financial and other support being provided through the agreement with WMG provides Merlin with the resources to allow proper aggregation and exploitation of rights by independents which otherwise would take many years to develop."

We'd love to think that the indies are really thinking "what's the point about fighting over a pair of companies on the downward spiral?", but they're probably not.

AIM's Alison Wenham gritted her teeth to say how great it is that MOS have quit:

"As is entirely to be expected in a democratic organisation, not everyone will always agree with positions which are taken on the issues affecting the market, and all companies are entirely at liberty to exercise their own views in whichever way they choose. Nothing has ever prevented others from taking their own position in respect of Warner EMI, or any other music industry merger in front of the Commission over the past seven years."

Warners have made further vague pledges about perhaps divesting some parts, and being generally good; Impala haven't even shared these with their members yet.

Head change

James Palumbo stepping down from the helm of what is, scarily, Britain's biggest indie label, Ministry of Sound.

What the pop papers say, part two: The 'not exactly express' edition

So, where were we? Before we get to the main business of the week, a couple of other pieces. First, is it really fair of NewMediaGuardian to snipe at the tabloids for filling their gossip columns with bits culled from Popbitch while, um, filling their diary with bits culled from Popbitch; even if the item was about the posts relating to the possibility that Popbitch might start charging. The question is: how much should one pay to read Hufty from The Word's anonymous words of wisdom?...

Popbitchers themselves were frothing with the news that PJ and Eibb have granted an interview to Sleaze Nation to say how Popbitch is rubbish now and they don't bother posting any more, not them, no. Yes, my friends, it's a style magazine doing an article about how a message board isn't as good as it used to be. Cutting edge...

Ministry of Sound trumpet a Callaghanesque "Crisis? What Crisis?"* - apparently, the loss of 11 staff, the departure of the Music Group CEO and the termination of several side-projects isn't a sign that the dance empire is crumbling, instead they tell Music Week "it's about concentrating on our strengths." The fact that Fischerspooner is part of a scene that's selling well in Germany apparently proves that they're not a squib at all, you know. Mind you, David Hassellhoff sells well in Germany, and he's yet to replicate the success anywhere else. Also from Music Week - you know how downloads are hurting sales? Album sales up twelve per cent compared with where they were at this point last year...

So, the nme finally made it. In a horrible, horrible orange bag that smells really, really awful, the cover proper has got Dave Grohl on it. But you wouldn't know because it's all about the CD, man.

And it is a great CD - Libertines, Yeah Yeah Yeahs, Beatings, Von Bondies, Ikara Colt, Radio 4, BRMC, The D4... really, even if this week's issue was rubbish, it's worth getting.

And the issue isn't bad, either. Hurrah!

News: "I've got a quote for the NME - fuck off." That Robbie Williams knows how to hurt, doesn't he?; Eminem's delighted to have won awards from MTV Europe. He showed his bottom to celebrate. There's that picture of Sophie Ellis Bextor holding the innards of a fox, and P Diddy wearing a fur coat - maybe it's bulletproof or something. Although presumably wasn't for the fox. Guns and Roses say the riot which happened when they didn't play wasn't down to them. Axl was apparently fully intending to play the gig in Vancouver, despite being in a plane above LA when the doors opened. Hmmm.; Pink has said she dreams of killing the president of Nigeria, because she suspects that his "promise" that the stoning to death of Amina Lawal won't happen is just some PR blather to try and keep Miss World in the country; Liam and Noel haven't spoken to each other for six weeks - this is awful, as at least when they're talking to each other they're not talking to us; the nme Cool List take 2 compiles reader's votes - Cobain; Gallagher N; Chris Martin; Eminem; Ms Dynamite; Coxon; Yorke; Rivers "do I sniff a write-in campaign?" Cuomo; PJ Harvey and Marilyn Manson - is it any surprise that the two genuinely cool people here are women-ladies?; filling out the news pages a little more with stuff that would once have been in angst, snippets of reactions to the publications of Kurt's Diary are used to add weight to the news that a bunch of schoolkids are trying to get the book recalled and pulped; Ryan Adams wants to work with Doves...

Hot New Bands: The Go - former consorts of Jack White; My Morning Jacket - Led Zep and Muppet inspired longhairs

Interpol do ten tracks for a fake CD type thing - Ladytron, Primal Scream, Duran Duran, Nick Cave...

There's also a picture of an indie boys cock, with requests for it to be claimed...

The D4 are aiming for 100 per cent rock, but "that would involve death."...

Dave Grohl is 33, and feels he's been doing rock too long - "I've been kinda waiting for it to bottom out... I feel like I've achieved things way beyond my expectations"...

Radio 4 - the band, not the station - have something to say about Fischerspooner - "They're taking early-80's punk and electronic music and demeaning it." Big yes...

And another big yes: Yeah Yeah Yeahs. Nick says the band is "one giant, throbbing shag." Mark Beaumont describes them as having fallen together. This is right...

reviews: albums: pulp - hits - "evolution - as alan partridge would put it - not revolution", 9
jay z - the blueprint 2 - "naz gets two death threats, but that's a spent battle", 8
sum 41 - does this look infected? - "they aint no Fugazi", 7
atari teenage riot - redfine the enemy - "German students phoninh long distance from a drum n bass night", 8

singles: sotw - lcd soundsystem - give it up - "high grade rock and roll"
otjers - bjork - its in our hands - "plots her career with the steely singlemindedness of a Tory MP during conference season"
Atomic Kitten - the last goodbye - "bring back Kerry"

live - pink - brixton - "all this should stink to high heaven. it doesn't, though because although pink will stop at nothing, there's a twist - she does it all on her own terms"
the apples in stereo - london E1 - "magnified cartoon psychedlia can make you do goofy things"
sugababes - kings cross scala - "the soap opera is in danger of drowning out the funk"...

and just as its looking so good, they blow it. The letters page now has a slot for pictures of fans sent through SMS Picture Messaging. We thought they were turning into Melody Maker, but we were wrong - they seem intent on being the new Number One...

* - yes, we *know* - Larry Lamb headline rather than Sunny Jim quote. Don't bother emailing.