Stream-ripper Yout circumvents YouTube's technical protection measures, court concludes
The US record industry has scored a win in its ongoing battle against stream-ripping - and, in particular, against the most bullish stream-ripping platform of the moment, good old Yout. A judge has concluded that Yout has failed to prove that it doesn't circumvent 'technical protection measures' put in place by YouTube to stop streams from being ripped. And, as a result, its service violates the US Digital Millennium Copyright Act.

Stream-ripping services - via which people can grab permanent downloads of temporary streams - have been a top piracy gripe of the music industry for some time now. As a result, various stream-ripping platforms have been on the receiving end of lawsuits, or at least the threat of legal action, from music companies.

However, in this case it was Yout that sued the Recording Industry Association Of America. The stream-ripper went legal after the record industry trade group sought to have the Yout service de-listed from the Google search engine.

The RIAA made that request of Google on the basis that Yout contravenes the aforementioned DMCA by circumventing "YouTube's rolling cipher, a technical protection measure, that protects [the labels'] works on YouTube from unauthorised copying [and] downloading".

Yout's litigation resulted in lots of back and forth between it and the record industry, with various technicalities and complexities explored, and some amended complaints being submitted along the way by the stream-ripper.

In the end, it became clear that the key dispute was whether or not the various things YouTube does to stop people from downloading copies of any videos that are streaming on its platform actually constitute a technical protection measure.

Because if they don't, then there is no technical protection measure for Yout's technology to circumvent, and that key provision of the DMCA would be irrelevant.

Yout argued that it was actually quite easy for anyone to download a copy of a video streaming on YouTube via their web browser. In fact, it even provided the court with a step-by-step guide as to how any user could go about achieving just that. All the Yout technology does, it added, is automate that process.

The fact that anyone can actually download YouTube videos if only they have the know-how - Yout went on - means YouTube is not employing any rigorous technologies to encrypt or scramble its content, which means there are no technical protection measures in place.

But, needless to say, the RIAA did not concur. Yes, if people follow Yout's step-by-step guide they can download YouTube content, but very few people know about that tedious and time-consuming process, and even if they did, most people probably couldn't be bothered to go through with it. Hence a service like Yout has a reason for existing, replacing a tedious and time-consuming process with something much simpler and quicker.

And, crucially, the fact that the manual process of downloading content from YouTube is tedious and time-consuming - and the fact that YouTube has both made it and left it that way - in itself constitutes a technical protection measure as defined by the DMCA. On that latter point, judge Stefan R Underhill agrees.

"To obtain a declaratory judgment that Yout does not violate the anti-circumvention provision of the DMCA, Yout must plausibly plead that the copyrighted works are not protected by a 'technological measure' that 'effectively controls access' to the works or that Yout does not circumvent an effective technological measure to access the works", the judge writes in his new ruling. And, he adds, they have not done that.

In fact, the judge says, he has addressed each specific issue "seriatim", as all good judges should, and he concludes that: "Yout has not plausibly pled that YouTube lacks a technological measure; …that the YouTube technological measure is not effective; …that Yout has not circumvented the YouTube technological measure; …and that Yout has not violated [the anti-circumvention provision] of the DMCA".

Underhill concedes that the DMCA does talk about specific technical protection measures like "scrambling and encryption", which are not being employed by YouTube. However, he says, Congress did not intend that to be "an exhaustive list of technological measures - rather, Congress used broad enough language to ensure that the DMCA would accommodate new and evolving technologies".

He then notes the RIAA's arguments as to why the various things YouTube does to stop content being downloaded should qualify as technical protection measures. The trade group had stressed that "there is no download button or other feature that allows users to copy the underlying digital files" so that they can be accessed outside the YouTube ecosystem.

Meanwhile, the RIAA said, "Yout's 'convoluted' step-by-step instructions rebut its claim of 'freely given' access and suggest that, in the 'ordinary course', an 'ordinary' YouTube user does not engage in the enumerated procedure".

And just because a user can sneakily grab a download via their web-browser if they employ Yout's step-by-step guide, that doesn't mean they should, nor that YouTube's anti-downloading efforts cannot be deemed a technical protection measure. And on that point too, the judge is in agreement.

"Even if the YouTube technological measure can be circumvented", Underhill writes, "it may still be effective. There is a legal consensus that the fact that a person may deactivate or go around a technical protection measure does not mean that the technology fails to offer 'effective control', because so holding would render the DCMA 'nonsensical'".

So, with all that in mind, YouTube does employ technical protection measures to stop content being downloaded and Yout is circumventing them. Which means it does violate the DMCA and therefore has no legal claim against the RIAA in this case.

The record industry trade group welcomed the ruling, with its Chief Legal Officer Ken Doroshow telling reporters: "We are gratified by the court's decision, which confirms that stream-ripping of music videos is a plain violation of the Copyright Act's prohibition on circumvention of technological measures, like YouTube's, that control access to copyrighted works".

For its part, Yout said it expected this ruling at this stage, and now plans to take its arguments to the appeal courts. A spokesperson added: "We believe the district court's ruling erroneous and flawed on a number of grounds, and we look forward to arguing our position on appeal".

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Authorities can't find ex-Iced Earth frontman Jon Schaffer as they attempt to sue him over Capitol building insurrection
Former Iced Earth frontman Jon Schaffer is still facing trial over his involvement in the 6 Jan 2021 attack on the US Capitol building, which - of course - followed the election of Joe Biden as US President. Problem is, the authorities now can't find him. And, they believe, that's because he has intentionally gone into hiding.

Schaffer was arrested by the FBI shortly after the insurrection, and was charged with a number of crimes, including attacking police officers with 'bear spray'. He was later said to be cooperating with authorities and was allowed to walk free after he agreed a guilty plea deal.

He was then sued by the Attorney General for the District Of Columbia, Karl Racine, as part of legal action targeting members of the Proud Boys and Oath Keepers. Schaffer is a member of the latter group.

Racine's lawsuit seeks to recover "extraordinary damages and costs" that the US capital was hit with as a result of the insurrection. However, since January, according to court documents, officials have made "at least 25 separate attempts to serve Schaffer [with legal papers] at seven different addresses across three different states". All unsuccessfully.

Authorities believed that they had tracked him down to a mobile home in Columbus, Ohio in June, but failed to hand him his legal papers - despite several attempts. Since then, they have been attempting to get court approval to serve him in alternative ways. According to local newspaper The Republic, that motion is still pending.

The original deadline to serve Schaffer his papers passed in June. It remains to be seen if the authorities will ever manage it.

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Warner Records US allies with new label from A&R Mel Carter
Warner Records in the US has announced a deal with Second Estate Records, a new label founded by A&R Mel Carter, who most recently worked with Universal Music's Republic Records. Under the deal, Warner will provide the new label with marketing and distribution services for its releases, including those of first signing 2rare. Carter will also consult for the Warner Records A&R team.

Confirming the deal, Warner Records CEO Aaron Bay-Schuck says: "Mel is one of the top A&R minds in the business. He's already proven to be an invaluable resource for our team and 2rare is just the very beginning of what's to come from Second Estate. [We] are excited about this new partnership and to be aligned with such a forward-thinking, dynamic force like Mel".

Carter himself adds: "Throughout my career, I've been laser-focused on discovering and championing young talent. Now with Second Estate, I can continue to do that on an even bigger scale. Being able to tap into Warner Records' incredible network and global reach is a game-changer, and will allow Second Estate's artists to reach new heights ... I'm looking forward to all we can accomplish together".

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BDi Music signs FJ Law
BDi Music has signed artist, songwriter and producer FJ Law - real name Danny Hall - to one of those publishing deals everyone loves so much.

"I've been a huge fan of Danny's for a while now", declares BDi Music A&R James Paterson. "Ever since I first heard his debut solo release, I was blown away by his production style and songwriting talent. His growing list of co-writes is a testament to his aptitude as a songwriter and his personability. We are delighted Danny and Dave have chosen us to be a part of the team in the next era of this exciting journey".

Who the hell is Dave? Well, I'm glad you asked! That's Hall's manager Dave Rowett over at Northbank Management of course. He says: "We are delighted to be working with Sarah and James. We already feel super at home. This is the perfect step both for Danny's development and to help drive his flourishing writer/producer business. Danny is a real all-rounder and can't wait to show what we have been working on".

Who the hell is Sarah? That's BDi Music founder Sarah Liversedge, obviously! Please keep up. And now, a quote from Hall himself: "We are over the moon to be working with BDi Music and the amazing team behind the scenes. Sarah and James have made us feel so at home already and we can't wait to see what the future holds".

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Sony Music UK announces new scheme to help employees cover childcare costs
Sony Music UK has announced a new policy that will provide parents working for the major with a "significant financial contribution" towards the cost of childcare for pre-school age children.

The major says that the new policy demonstrates its "continued commitment to providing the best support for parents and underlines its commitment to diversity and inclusion". It follows various previous initiatives to support employees, including around equal parental leave and flexible working, and the introduction of a menopause policy and domestic abuse policy.

Providing more info about the new childcare support scheme, Sony says it is "structured to offer tapered grants, correlating to an individual employee's salary - this entitles lower and middle earners the ability to benefit from increased funding, up to a maximum of £15,000 per year towards childcare costs".

On the scheme, Sony Music UK's VP People Experience, Liz Jeffery, says: "The high cost of childcare in the UK often forces parents, and particularly mothers, into part-time work or out of the workforce entirely as it becomes financially unviable. We are committed to looking at what we can do to help address issues that can be a barrier for women progressing, and we hope this policy could be the difference between someone returning to work rather than leaving a role".

Meanwhile, Sony Music UK CEO Jason Iley adds: "We have a longstanding commitment to ensure our company reflects all corners of society. This is one of several measures that we have introduced to support parents and increase the proportion of women in roles throughout the company. Our hope is that the tapered model ensures that financial support is going to those employees who need it the most".

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Bono announces book tour
Bono is heading out on tour. A book tour. He's going to go around the place flogging his new memoir 'Surrender'. And why not?

"I miss being on stage and the closeness of U2's audience", he says. "In these shows I've got some stories to sing, and some songs to tell… Plus I want to have some fun presenting my ME-moir, 'Surrender', which is really more of a WE-moir if I think of all the people who helped me get from there to here".

Hopefully his chatter during the book tour shows will be at least slightly better than that bit of waffle. Anyway, every ticket you buy for the tour will also come with a copy of the book, which is probably more copies than most households need. Good news for charity shops though. Those tickets go on sale on Friday.

The UK and Ireland leg of the tour will run as follows:

16 Nov: London, The Palladium
17 Nov: Glasgow, Armadillo
19 Nov: Manchester, Apollo
21 Nov: Dublin, 3Olympia Theatre

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RELEASES

Honey Dijon will release new album 'Black Girl Magic' on 18 Nov. "This album is dedicated to love", she says. "Love of music, community, but most of all the love of self. Being true to who you are in spite of everything else and having the courage to love fearlessly". Here's new single 'Show Me Some Love', featuring Sadie Walker.

Benjamin Clementine has released new single 'Delighted', taken from upcoming album 'And I Have Been', which is out on 28 Oct. "Every now and then, we learn to try, then we learn with trials, then we earn our respect along the watchtower", he says of the single. "Arrogance becomes the culprit of complacency, so as we turn away from what we've painstakingly morphed, we burn all the years of passion, patience and practice. Luckily, we are humans, so we can start again, hence we are delighted".

Cakes Da Killa has released new single 'W4TN'. New album, 'Svengali', is out on 28 Oct.

Radwimps have released 'Suzume', the theme song from the Makoto Shinkai directed anime film of the same name, which is out on 11 Nov.

Micah P Hinson has released new single 'Ignore The Days'. He's also announced that his new album, 'I Lie To You', is out on 1 Dec.

Soft Crash have teamed up with Marie Davidson for new single 'Your Last Everything (Soft Crash Angel'. The duo's debut album, 'Your Last Everything', is out on 28 Oct.

MJ Hibbett has released new single 'Why Do Bad Things Happen To Bad People?' His new solo album, 'The Unearthly Beauty Of MJ Hibbett', is out on 14 Oct.

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GIGS & TOURS

Will Elton John's farewell tour ever end? It's impossible to say. He's just added two more UK dates, at the O2 Arena in London on 30 May and Birmingham's Utilita Arena on 8 Jun. Tickets go on sale on Friday. The full UK leg of the tour runs from April to June.

OneRepublic have announced that they will play Wembley Arena in London on 13 Jun next year. Tickets go on sale on Friday.

Rick Astley has announced three Christmas shows in December (obviously). Billed as 'Rick Astley's Swinging Christmas', he'll perform swing and Christmas classics with a big band. "I love singing these old classics and I cannot wait to see you there", he says. He'll play the Liverpool Philharmonic on 13 Dec, then the Royal Albert Hall in London on 15-16 Dec. Tickets on sale on Friday.

Tori Amos will tour the UK in March and April next year, including a show at the Royal Albert Hall in London on 3 Apr. Tickets go on sale on Friday.

2manydjs will play Brixton Academy on 17 Dec to celebrate the 20th anniversary reissue of their classic 'As Heard On Radio Soulwax Part Two' album. Tickets go on sale on Friday.

Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

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Apple Music catalogue passes 100 million tracks
Apple has announced that there are now more than 100 million tracks available on the Apple Music streaming service. Which, it says, is "simply the biggest collection of music, in any format, ever". It's also… well, it's too many, isn't it? We should probably start deleting some.

I don't think Apple is going to follow that advice, though. If anything, it thinks that there should be even more music available. And therefore it's super cool that a big old stack of new tracks keeps on appearing each and every day.

"It's a number that will continue to grow and exponentially multiply", says Apple Music's Global Head Of Editorial, Rachel Newman, of the big 100 million stat. "But it's more than just a number, representing something much more significant - the tectonic shift in the business of music making and distribution over these past two decades".

"Every day", she goes on, "over 20,000 singers and songwriters are delivering new songs to Apple Music - songs that make our catalogue even better than it was the day before. One hundred million songs is evidence of a more democratic space, where anyone, even a new artist making music out of their bedroom, can have the next big hit".

Come on all you bedroom hit-makers! Still, with all this music out there, how can any listener ever possibly hope to navigate it all? How can they ever actually identify the 12,809 tracks that aren't shit? Aware that people see algorithms - and particularly Spotify algorithms - as the enemy, Apple is keen to point out that it provides a more personal touch in that domain.

"This isn't just an opportunity to reflect on how far we've come, but also a moment to look forward to the work we have left to do", says Newman.

"At Apple Music, human curation has always been the core to everything we do, both in ways you can see, like our editorial playlists; and ways you can't, like the human touch that drives our recommendation algorithms. Now more than ever, we know that investment in human curation will be key in making us the very best at connecting artists and audiences".

"We also know that it's more important than ever that we are elevating artists' voices and providing opportunities for them to tell their own stories and contextualise their music", she adds. "It is no longer enough to just connect artists and fans, it's about making those connections deeper and more meaningful".

To help with that, Apple Music has announced a new series called 'Apple Music Today'. "We'll be picking a new song every day and diving into its history", explains Newman, "because we know that each of the 100 million songs in our catalogue has its own story". Yeah, maybe.

So, congratulations to Apple Music on its big bin of music - much bigger than Spotify, which is still going with "over 80 million tracks" on its official blurbs. I mean, technically that could mean 100 million too, I guess. But they don't say it do they? So "woo" for Apple.

Although, those Apple types probably shouldn't accidentally take a peak at SoundCloud's official blurb, it claiming to have 300 million tracks. Because that would really mess with that "simply the biggest collection of music, in any format, ever" claim, wouldn't it?

Maybe 200 million and one of those tracks on SoundCloud are podcasts, given that these official streaming service stat brags are often a little vague regarding what specific kinds of content and creators are being included in the maths.

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