It's here!

Gold Panda's new record is available to stream here. Been waiting on this for months; plan on giddily overplaying it for longer...

Muto Leo - One Trick Pony available to buy on iTunes

Muto Leo (formerly SextonBlake) have been putting in the hard hours recording their first 4 track EP and single. The fruits of their labour are, I'm ecstatic to report, well worth a trip across to their MySpace page. Their first single 'One Trick Pony' is now available to buy on iTunes. Give it a lash.

www.myspace.com/muto_leo

Muto Leo Facebook Page

BSITWT #106

Hard Mix - Memories (mp3)

Beautiful stuff from North Carolina. The video is composed of snippets taken from the past 8 year's of Mr. Mix's (Noah Smith to his mum) life. Some folks are calling this 'chill wave'. If you see them, tell them to fuck off.

Eircom Case - Future of Illegal Downloads in Ireland

A recent case in the Irish High Court has displayed that Ireland is leading the way in combating illegal file-sharing. In a move that is likely to be replicated, or at the very least prove influential, across regulated countries record labels are beginning to make some progress in the battle against music piracy. For the purposes of shedding some light on the High Court's decision in this matter I have examined some of the main issues and likely consequences for those who fall foul of the this new legal approach.

Eircom customers consider yourselves hereby warned.

On 28 January 2009 the terms of a settlement between EMI, Universal, Sony, Warner and Eircom was set down in writing and filed in court.

The Data Protection Commissioner in turn raised three issues as to why the settlement might be doubted to conform with data protection legislation.

Under the terms of the settlement the parties agreed to implement a three stage procedure. Firstly, internet users involved in illegal downloading will be contacted and requested to desist, another warning will issue on a second infringement. When a third infringement is notified to Eircom, a review of all evidence must be conducted, and a termination notice will then be issued. The customer is at this stage entitled to make representations to Eircom as to their situation.

The Issues Raised

Issue 1

Do data comprising IP addresses, in the hands of EMI or its agent(s) constitute “personal data” for the purposes of the Data Protection Acts 1988-2003?

The court ruled that IP addresses alone are not to be considered as personal data. The court noted that in order for the IP addresses and other information obtained by the plaintiffs to constitute personal data, it must be probable that further information might come into their possession which would identify the individual end users.

Issue 2

Does the processing by Eircom of “personal data” in the context of the third of the three steps envisaged under the terms of the settlement (i.e. the termination of an internet user’s subscription) represent unwarranted [processing] by reasons of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject?

Justice Charleton approached this issue by reference to the principle of proportionality and a balancing of the right of an owner of copyright to have the fruits of their labour protected versus any right which an internet user might have to access the internet and not to have that access terminated.

The court’s ruling on this issue effectively places the protection of copyright ahead of the right of an internet user to access the internet and consequently not to have that access terminated.

The second question was, therefore, answered in the negative.

Issue 3

Whether it is open to EMI and/or Eircom to implement the 3 step process set out in the settlement including, in particular, the termination of an internet user’s subscription under step 3 of that process, in circumstances where the termination of an internet user’s subscription by Eircom would be predicated on the internet user in question having committed an offence but without any such offence having been the subject of investigation by an authorised body; and, further, without any determination having been made by a court of competent jurisdiction.

The judge opined that the parties to the settlement were concerned only with the civil side of copyright infringement, and as such that a mental element of knowing or having reason to believe that one is dealing with an infringing copy of the work was not required to be proved. Justice Charleton answered the third question in the positive, specifically that the graduated response process agreed by the parties was indeed lawful.

Overall, a high degree of power to stop illegal file-sharing has been given to the four major record labels. Already a number of Eircom customers have received warnings and word is that others have had their connection severed after ignoring the warning letters received from Eircom. Similar court cases are due against the other Internet Service Providers operating in this country. The likes of NTL have vowed to fight the labels harder than Eircom and this will really clarify the future of file-sharing in Ireland.

BSITWT #104

Health - Before Tigers (Gold Panda Remix)

Gold Panda goes all Four Tet on Health, with very, very nice results.

From the new(ish) Health remix LP DISCO2 (also featuring remixes from CFCF, Crystle Castles and other good folks).

Gold Panda plays Field Day, Victoria Park, London on July 31st.

BSITWT #101

A classic from a real all-rounder.

James Figurine - Can't Be Sure (Sundays) (mp3)

BSITWT #97

Funnest track by miles from Yeasayer's new Odd Blood record.

Yeasayer - One (mp3)

BSITWT #96

Once lazily described in these pages as 'the Danish Arcade Fire', Efterklang - Denmark's answer to Canadian superstars Arcade Fire - are back with an absolute stormer. Magic Chairs is the group's first LP on 4AD, and it could be the one that finally gives their sprawling orchestral wizardry some real bite - there are more than a handful of tracks on this that offer something tangible; something that imposes itself in your head rather than happlily fluttering through. Call it focus, maturity - whatever; it has resulted in a record that could make the summer theirs.

Efterklkang - Modern Drift (mp3)

BSITWT #92 or An Ode

Four Tet - Sing (mp3)

From the outrageously anticipated There is Love in You record. And yes, it is phenomenal. Is there anyone more important in music at the moment?

Pantha Claus

Pantha du Prince releases his third record, Black Noise, on Rough Trade this Feb. Collaborators include members of Animal Collective, Panda Bear, !!! and LCD SoundSystem. Prediction #1 for 2010 - this is going to be huge.

Here's some magic from his 2004 Diamond Daze record. How this passed me by I'll never know.

More Choice Talk...

As mentioned by Ed.Ward below, the Choice shortlist was announced last week - cue streams of incessent bitching and general shiteology that tends to accompany these lists. Anyway, having inexplicably trawled through the guff, three ommissions seemed particularly harsh: Kittser (of course), Hunter-Gatherer, and the amazing Patrick Kelleher. One would have hoped that genuinely innovative records like these would have been picked up by the nation's alternative to the Meteors. Ah well.

If you want see what the fuss is about, pop along to Hunter-Gatherer's hyphen fest with Tune-Yards in Whelan's on Feb 12th. Patrick Kelleher has dates in Galway, Cork and Limerick at the end of Febuary.

Grizzly Bear, Vicar St; Nov 1st

Sunday. You're tired, hungover and broke - Adrian Childs' flirtatious relationship with Lee Dixon on Match of the Day 2 should be the most complex thing you face all evening. Alas, one fateful sabbath, you're begrudgingly hauled through the curiously baltic microclimate that seperates Dublins 4 and 8 at the whim of a sadistic promoter. Lo and behold, your arsey Sunday mood is at once forgotten, and the rest of your evening is spent floating to the chimes of a gifted Brooklyn quartet.

Thus went Sunday last. Grizzly Bear were beautiful; every bit as harmonious, sparse and rich as their two classic records suggest. The broody Colorado was turned into an expansive epic; Two Weeks sounded like one of the best pop songs of the decade, and While You Wait For The Others swept you along its journey from a folky crusade into a harmonious show-stealer. The silent devotion was something to behold. A magical evening.

BSITWT #79

Apparat - Silizium (Bus Remix) mp3

Sideproject

Sideproject is a Cork based 5 piece. The band formed in early 2006 and have been producing high-quality experimental/post rock ever since. To date they have released two well received EPs Take Shelter From The Stars and Not Waving But Drowning. Having played on the bill with acts such as Fight Like Apes, Delorentos and, Ted Leo and The Pharmacists, the lads have garnered a deserved loyal following. They also featured as part of the Hard Working Class Heroes festival 2008 alongside the likes of Super Extra Bonus Party and the truly superb Chequerboard. The excellent 'Each Flame Concealed a Sinner' is amongst a number of tracks to sample on their MySpace page. With influences such as Efterklang, Mogwai and Explosions in the Sky, the lads could hardly go wrong. Best of all, I have the absolute pleasure of being a colleague of Alan and Mike. Treat yourself to a listen.

Sideproject - 'Outpatients'

An Troubadour

While i'm at it, here's the first part of RTE's Leargas tribute to Mic - Troubadour - screened around the time of the Skylarking release in 2003.

Mic Christopher in Vienna, 2001

Just came across this live rendition of what many believe to be the late Mic Christopher's masterpiece, What A Curious Notion, filmed at a Vienna club in 2001. Always nice to see an initially uninterested crowd become so gripped by a man and his guitar. Typically for Mic, he forgets the name of the song...

This November marks 8 years since his untimely death in Groningen; he would have been 40 last month.

IT'S HERE!

Finally, we have the official running order, complete with very handy overlap shading thing.

I'm so giddy.

BSITWT #70, #71

Two contemporary giants do the sensible thing and come together for this deeeeeeeep foray into experimental dub-step. Beautiful.

Burial & Four Tet - Moth (mp3)




From the more phychadelic side of the spectrum comes this slowburning tour of bright and breezy electronica courtesy of Subway. Their self-styled krautrock-influenced debut, Subway II, is out now on the wildly eclectic Soul Jazz Records

Subway - Xam (mp3)

Picnic Preview - The Whitest Boy Alive

We're going back to basics for the uninitiated. This will be a highlight - guaranteed.

Yapacc @ Lowerstate

Rory D and the lads continue the raucous Lowerstate series with a return for Berliner Yapacc at Galway's Deeper this Saturday. Bring a towel.