http://news.cnet.com/news/0-1005-200-2761354.html

> The Smashing Pumpkins takes music directly to Napster fans
> By Cecily Barnes
> Staff Writer, CNET News.com
> September 12, 2000, 5:00 p.m. PT
>
> Alternative rock band The Smashing Pumpkins released what is
> being called its final album in MP3-only format last week,
> forgoing a CD release through its record label, Virgin Records,
> according to postings on the band's Web site and published
> reports.
>
> The 25-song album, titled "Machina II: The Friends and Enemies of
> Modern Music," is being downloaded by fans via Napster and
> various Web sites highlighted on the message boards at The
> Smashing Pumpkins' Web site.
>
> According to a frequently asked question (FAQ) posting on the
> band's Web site, just 25 vinyl copies of the album were released.
> Sonicnet.com reported that a note included with the albums stated
> that "Machina II" was released in MP3 format as a "final f--- you
> to a record label that didn't give (The Pumpkins) the support
> they deserved."
>
> The note also stated: "Just to clear up any possible confusion,
> this is the final album from the band. There are 25 copies. There
> will not be a CD pressing."
>
> The MP3-only release was first reported by The Drudge Report and
> later by MTV.
>
> Representatives for The Smashing Pumpkins and Virgin Records were
> not immediately available to comment.
>
> According to the FAQ, which could not be confirmed as being
> produced by the band: "Currently, the only source available is
> MP3. Since none of the three known online recipients had access
> to an ultra-high-end audiophile turntable...one of them used what
> they had and made MP3s so that the new songs could be distributed
> immediately.
>
> "There are plenty of Web/FTP sites and mirrors hosting the new
> songs, as well as people sharing files via Napster, AIM, etc.
> Look around a bit, the info has been posted in many places many
> times."
>
> By distributing songs via the MP3 format, The Smashing Pumpkins
> could raise the stakes in the ongoing copyright battles between
> record labels and proponents of file sharing by allowing artists
> disenchanted with their record labels to reach their fans
> directly.
>
> Last week, a federal judge ruled that MP3.com willfully infringed
> the copyright of Seagram's Universal Music Group by making MP3s
> available for download. A federal appeals court in San Francisco
> also is considering an injunction that was issued in a similar
> case against Napster.
>
> "It sounds a little like what Stephen King did when he published
> his most recent book over the Internet," said Gregory Victoroff,
> an entertainment and copyright attorney and a co-author of
> Musicians Business and Legal Guide. "In the same way that
> Smashing Pumpkins bypassed its record label, Stephen King
> bypassed his publisher.
>
> "The recording industry could be very upset, as this could be
> indicating a trend where the artist bypasses the label and goes
> directly to the fans."
>
> The Smashing Pumpkins is not the first band to go it alone from
> its record company and release songs on the Internet. Other
> artists who have made a similar move include Courtney Love and
> Public Enemy.
>
> Love, who is being sued by Geffen Records for allegedly failing
> to meet her contractual obligations, has been highly critical of
> the record companies for leaving artists with little money.
>
> Fred von Lohmann, a copyright attorney with Morrisson & Foerster,
> said the legal implications of The Smashing Pumpkins' music
> release on the Internet depend on the band's contract with Virgin
> Records.
>
> "A lot will turn on what Smashing Pumpkins' deal looks like. Some
> bands own everything outright and retain the right to release
> stuff, and other bands are forced to turn stuff over," von
> Lohmann said. "Most artists do not own their recordings."
>
> Word of the free release spread quickly on the message board of
> The Smashing Pumpkins' Web site and other fan sites. When Greg
> Habermann heard the news, he made the songs available for
> download on his Web site, "www.downward-spiral.com," until his
> server administrator took them down because of an overflow of
> traffic.
>
> "Our hits shot through the roof," Habermann said in a phone
> interview. "They increased by 500 percent."

(downloading it now from http://www.auratopia.net/machina2/ )

--
Gerald Oskoboiny <[email protected]>
http://impressive.net/people/gerald/