Intellectual Property vs. Common Sense

Men at Work: Down Under

Men at Work: Down Under

On the same day that iiNet won against claims that, as an ISP, it should be held responsible for the content downloaded by their users, we have Larrikin Music winning its battle against Colin Hay, Ron Strykert and EMI over the rights of “Kookaburra” and its use in the song “Down Under” by Men at Work.

You win some, you lose some.

A portion of “Kookaburra” appears as part of the flute riff in “Down Under” — this is not in dispute. What is insane is the fact that Larrikin Music have no connection to the late writer of “Kookaburra” or her estate: they bought the rights to the song in 1990 after the writer had already died. This is not about artists’ rights but about the ability of companies to horde intellectual property that they didn’t produce in order to cash-grab at a later date.

The most galling part is this quote:

Larrikin’s lawyer Adam Simpson said EMI and the band may be forced to hand over as much as 60 per cent of their earnings from the international hit record.

“It’s a big win for the underdog,” Mr Simpson said outside the court today.

When asked how much Larrikin would be looking for, he replied: “Obviously, the more the better but it depends – anything from what we’ve claimed, which is between 40 and 60 [per cent], and what they’ve suggested which is considerably less.”

Yes, the lowly underdog, Larrikin Music, who want up to 60 per cent of the earnings from a song where only a fraction of it consists of the riff in question. (”…I would emphasise that the findings I have made do not amount to a finding that the flute riff is a substantial part of ‘Down Under’ or that it is the ‘hook’ of the song,” noted the judge.)

So significant and personal was this infringement of intellectual property that Larrikin only brought the matter to court after the similarity to “Kookaburra” was referred to on an episode of Spicks and Specks. Truly, this matter was near and dear to their hearts.

The Death of Fandom

Peter Gabriel

Peter Gabriel

I’ve been a Peter Gabriel fan for 23 years. That’s pretty significant when you consider that I’m 31 — about 3/4 of my life has been spent following the twists and turns of the musical career of this unique art rocker. Pop star? Multimedia pioneer? World music enthusiast? Ambient film score composer? Human rights activist? He’s all these things and apparently a rather nice, humble sort of a bloke to boot.

His studio albums have been few and far between, however: So was released in 1986, followed by Us in 1992 and Up in 2002. In-between, however, we were treated to Passion (1989), OVO (2000), Long Walk Home (2002) and Big Blue Ball (2008), all the products of side-projects, as well as various DVDs, CD-ROMs, compilations, collaborations and soundtrack appearances. Gabriel is surprisingly prolific if rather distractable.

His new album, Scratch My Back, strikes me as another attempt to avoid delivering I/O, the follow-up to Up. It’s an album of orchestral covers — produced by Bob Ezrin, no less — that sounds intriguing enough, but I can’t work up major enthusiasm for the idea. Gabriel’s cover of “Heroes” by David Bowie is… pleasant… and sedate. All reports suggest the whole album is like this.

If I knew a new album of original material was around the corner, maybe this wouldn’t feel so disappointing. But I suspect that Gabriel has unofficially retired as a conventional recording artist and now his “side-projects” are his sole focus. This is the life he wanted to lead when he left Genesis, and it’s just that he got sidetracked by a rock career for 30-odd years.

Am I no longer a fan? I don’t know, but this is the first time that I’ve been ambivalent about a new Gabriel release. I’m more excited about hearing David Bowie, Paul Simon and David Byrne cover Gabriel’s songs than I am about the album proper.

The Young Person's Guide to Rock 'n' Roll

The Live AnthologyMy copy of the deluxe (5-disc) edition of The Live Anthology by Tom Petty and the Heartbreakers arrived today. I’ve only heard the first disc and already I’m blown away.

I’m not a big fan of live albums: there are the rare exceptions that capture the raw power of a great live show, but in most cases, you’re better off with the studio cuts when listening at home.

This is one of those rare exceptions. This isn’t one show or even edited highlights from several shows on the same tour; rather, this is an entire career-spanning live anthology that functions as the setlist for the best concert you’ve never seen.

The real delight here is that not only do you hear definitive live renditions of Heartbreakers’ classics like “Refugee” and “Learning to Fly” (the latter featuring honorary Heartbreaker Stevie Nicks), but you also get some fantastic covers of rock and blues classics like “I Just Want to Make Love to You”, “Green Onions” and “Oh Well”.

The standard edition is over 220 minutes long and spans four CDs. This isn’t just a set for Tom Petty fans — it’s a set for anyone who loves true rock ‘n’ roll or anyone who wants to discover what rock ‘n’ roll is all about. This is the sort of music that inspired me as a kid, before any prog-rock fixations. This is solid, well-crafted rock that is still honest and earthy.

I can’t recommend this set highly enough.

The Big 5 Moments in My Last Ten Years

  1. July 2003: Visiting the set of Revenge of the Sith
    I first saw Star Wars in 1982 at a re-release, and I’ve been a fan ever since. Say what you will about the prequels, but visiting the set of Revenge of the Sith (i.e. Episode III) would be a highlight of any fan’s life, no matter their opinion of Jar Jar et al. We were treated like royalty that day — it was quite amazing — and George Lucas, Anthony Daniels, Ahmed Best and Hayden Christensen (among others) were all exceptionally nice. It was an amazing day.
  2. September 2003: Brain haemorrhage
    That high couldn’t last, of course. Two months later, I suffered a brain haemorrhage that put me in ICU for three months and changed my life forever, leaving me bedridden for another four years. In May 2005, I managed to see Revenge of the Sith (how could I not?), but that was a major operation and not something achieved casually.
  3. July 2007: New wheelchair
    Here’s where my life really started to turn around: freedom! Suddenly I was able to engage life fully, going to the movies, attending parties and simply enjoying every experience that came my way.
    In particular, being a music fan, I took the opportunity to see as many concerts as I could:

    • January 2008: The Police
    • March 2008: Toto
    • April 2008: Porcupine Tree
    • August 2008: Devo
    • September 2008: Hoodoo Gurus
    • November 2008: Cheap Trick/Def Leppard, Kate Miller-Heidke, John Mellencamp
    • January 2009: David Byrne
    • June 2009: Billy Ocean
    • August 2009: Alice Cooper
    • December 2009: Fleetwood Mac

    The highlights, for me, were The Police, Toto, Devo and Fleetwood Mac, but Mac stand head-and-shoulders above all others… and I say this as a long-time Police fan.
    In January this year, I stayed at my Dad’s overnight for the first time in… 23 years. Next year, that’ll seem like a minor achievement at best.

  4. June 2008: Turning 30
    I quite like being in my 30s — no more worrying about being “cool” because you no longer care. And considering that some gave me three years left to live in 1986, turning 30 is quite an achievement…
  5. December 2009: Completing my degree
    My haemorrhage kind of distracted me from my studies for about five years or so, but over the last two years I’ve been working at my Bachelor of Computer Science degree, finishing what I started in 1998. This month, the effort paid off: I’ve completed my degree with a major in Web and Networks, and next year (all going to plan) I’ll be beginning my honours research.

It’s been an eventful decade for me: one of incredible change. I’m grateful for all the opportunities I’ve been given, all the amazing moments I’ve experienced and all the wonderful people I’ve met.

Life is an adventure: it’s not always easy, but if you open your eyes to its wonders, it’s often exhilarating. I wouldn’t have it any other way.

Merry Christmas!

Yes, it’s that time of the year again!

I could write something sarcastic and cynical, but instead I offer these three gifts to you, dear reader…

The Colbert Report Mon – Thurs 11:30pm / 10:30c
The Blitzkrieg on Grinchitude – Hallmark & Krampus
www.colbertnation.com
Colbert Report Full Episodes Political Humor Economy

Купала

FernOK, I’m designating today as Купала (i.e. Kupala), which is essentially the Slavic summer solstice or, alternatively, the June celebration of John the Baptist. Either way, I’m translating it to the southern hemisphere just because.

It’s going to be 31 degrees today with “late thunder” (presumably preceded by earlier lightning) so it looks to be a nice, classically summer day. At least it’s not cold and wet on the longest day of the year, which is usually how Mother Nature chooses to play headgames with the more easily confused among us.

Meanwhile, Christmas is fast approaching. Have you got your stocking stuffers, knuckle-dusters and Yuletide tasers handy? Good, because it’s time for some carols!

The Axis of Awesome

Axis of AwesomeMusical comedy trio The Axis of Awesome played The Vanguard in Sydney last night, recording a new live album in the process. Besides being a unique opportunity to participate in a live recording, it was also incredibly fun.

After 150 years of performing together, it’s no wonder they operate as a well-oiled machine. Presumably, they have made some sort of Faustian pact, allowing them to retain both a relatively youthful appearance and a stunning degree of musical knowledge. Jordan Raskopoulos (a.k.a. the guy who isn’t Jack Black) and Lee Naimo are consistently entertaining, and Lee’s eye-popping guitar seems to straddle the line between “cool” and self-parody remarkably well, but Benny Davis on keyboards in particular demonstrates ably a knack for accomplished playing that transcends mere novelty.

What were the highlights? The absurdity of “Birdplane” is just hilarious, but a personal favourite was their rendition of the Eagles’ “Hotel California”, if only because I, too, have sung the guitar solo a cappella. (Admittedly, I was drunk at the time; I was, however, sober last night and can vouch for the fact that these guys sounded much better at it than what I ever managed.)

Even better was the funk-driven love anthem “Sexual Harassment”: finally, a song for the less socially-equipped among us. Yes, even perverts need cheap sexual gratification from unwilling participants occasionally.

But when it comes to a musical education in the by-the-numbers nature of pop, you can’t beat “4 Chords”. When you hear “Take On Me”, “Man in the Mirror”, “Can You Feel the Love Tonight?”, and “Down Under” all sung to the same four chords, it starts to dawn on you as to just how mix-n-match pop songcraft can be. (And lest I be accused of musical snobbery, let me say that a good pop song is still good no matter the toolbox used to construct it.)

Hopefully the live recording will capture the fun and energy of last night’s performance. In the meantime, check out the tracks on their Myspace page or see them live if you get the chance. The Axis of Awesome truly are… fantastic.

(P.S. Thanks to Marina for inviting me and the Vanguard for being exceedingly accommodating. You’re all awesome.)

Pinch Me

Tron Legacy (2010)

Tron Legacy (2010)

OK, I got my uni results back today: three distinctions and a credit. Good, solid results — not great, but very good, particularly considering the pressure I was under.

What this means is that I’ve fulfilled the requirements of the Bachelor of Computer Science degree, so I should graduate next year and hopefully be accepted for the Honours programme.

Quite serendipitously, a poster and still have appeared for 2010’s Tron sequel, Tron Legacy. The original film was a great inspiration for a budding programmer such as myself in the ’80s: using fantasy and metaphor, it captured the magic of programming, creating a “living” process that at first can only exist in your head. It’s a similar buzz to that experienced by animators, as their drawings come to life.

I still remember sitting in my grandmother’s lounge room, writing BASIC code using only a pen and a ream of continuous printer paper. How many GOTOs does it take to make a bowl of spaghetti? Thank goodness for procedural and OO programming.

But Tron wasn’t about GOTOs, function calls, stacks, methods or fields: it was about the creative impulse that drives the programmer-as-artist. Software, like anything else, can be either pure product or a well-crafted testament to the love and care of its creator — it’s the latter form of achievement that I aspire to, and that’s what drives me to continue in this field.

Anyway, here’s the still from Tron Legacy:

Tron Legacy still

Sure, the film could be self-consciously “edgy” (a la The Matrix) or just a total artistic failure, but as long as Jeff Bridges, Bruce Boxleitner and Steve Lisberger are involved, I’ll remain optimistic until I actually see it.

Fleetwood Mac

Fleetwood MacOn Monday night I saw Fleetwood Mac live at the Acer Arena, and… wow. Mick Fleetwood and John McVie are just a fantastic rhythm section, and Fleetwood’s drum solo was absolutely captivating.

Meanwhile, Stevie Nicks’ voice, beauty and ethereal majesty continue to captivate even now. “Gold Dust Woman” is certainly a highlight in that regard.

But if you’re looking for a guitarist who is both unique and totally in-control of his instrument, you can’t go past Lindsey Buckingham. He knows when to hold back and when to let loose, and those solos (particularly on “I’m So Afraid”) are both raw, powerful and stunning to behold. Unbelievable.

The setlist:

  1. “Monday Morning”
  2. “The Chain”
  3. “Dreams”
  4. “I Know I’m Not Wrong”
  5. “Gypsy”
  6. “Go Insane”
  7. “Rhiannon”
  8. “Second Hand News”
  9. “Tusk”
  10. “Sara”
  11. “Big Love”
  12. “Landslide”
  13. “Never Going Back Again”
  14. “Storms”
  15. “Say You Love Me”
  16. “Gold Dust Woman”
  17. “Oh Well”
  18. “I’m So Afraid”
  19. “Stand Back”
  20. “Go Your Own Way”

Encore #1:

  1. “World Turning”
  2. “Don’t Stop”

Encore #2:

  1. “Silver Springs”

Obviously Christine McVie’s songs were never going to be a big feature of the show, and her presence is missed on “Say You Love Me” and, to a lesser extent, on “Don’t Stop” as well, but putting that aside, the setlist was just totally satisfying. With tracks like “I Know I’m Not Wrong”, “Silver Springs” and “Oh Well” getting a look-in, even relatively obscure songs were able to get their moment to shine.

Will there be a new album? One can only hope. In the meantime, the “Unleashed” tour is enough to satisfy even the most anal of hardcore fans.

Spring 2009 Playlist

The Beatles: Abbey Road (1969)

The Beatles: Abbey Road (1969)

Spring 2009: Mark Knopfler, Sting and Porcupine Tree all had new albums out, but the highlight was almost certainly the release of the Beatles remasters, particularly the exquisite mono boxset — it’s surely worth the expense for any serious music collector.

In terms of catalogue purchases, picking up Red Sails in the Sunset by Midnight Oil, 25 years after its original release, was one of the best moves I’ve made this year. It’s just a great album all ’round, with hard (pub) rock, pop/rock and art rock all blended together into a uniquely Australian sound. Incredible.

  1. “Border Reiver” — Mark Knopfler (2009, from Get Lucky)
  2. “Sensation” — Bryan Ferry (1985, from Boys and Girls)
  3. “Cover Me” — Bruce Springsteen (1984, from Born in the U.S.A.)
  4. “One of These Nights” — Eagles (1975, from One of These Nights)
  5. “Bennie and the Jets” — Elton John (1974, from Goodbye Yellow Brick Road (1973))
  6. “My Best Friend’s Girl” — The Cars (1978, from The Cars)
  7. “Jam” — Michael Jackson (1992, from Dangerous (1991))
  8. “When the Generals Talk” — Midnight Oil (1984, from Red Sails in the Sunset)
  9. “You Got Lucky” — Tom Petty and the Heartbreakers (1982, from Long After Dark)
  10. “Another Brick in the Wall, Part 2″ — Pink Floyd (1980, from The Wall (1979))
  11. “Elo Kiddies” — Cheap Trick (1977, from Cheap Trick)
  12. “Shock the Monkey” — Peter Gabriel (1982, from Peter Gabriel (Security))
  13. “Catch a Star” — Men at Work (1981, from Business as Usual)
  14. “Behind My Camel” — The Police (1980, from Zenyatta Mondatta)
  15. “Soul Cake” — Sting (2009, from If on a Winter’s Night…)
  16. “Black Dahlia” — Porcupine Tree (2009, from The Incident)
  17. “I Never Cry” — Alice Cooper (1976, from Alice Cooper Goes to Hell)
  18. “Here Comes the Sun” — The Beatles (1969, from Abbey Road)
  19. “Big Blue Ball” — Big Blue Ball (2008, from Big Blue Ball)

Mean: 1986
Median: 1982
Mode: 2009
Standard deviation: 13
Genres: Album Rock, Contemporary Pop/Rock, Hard Rock, Alternative/Indie Rock, New Wave, Rock & Roll