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11OT 100 Napster Representatives Had No Receipts, Eaton's Efforts Won't Be "We Did a Metallica Free Show Here Comment on Dre's Suit

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11OT 100 Napster Representatives Had No Receipts, Eaton's Efforts Won't Be LAWSUIT, FREE TOUR ARE LATEST NAPSTER DEVELOPMENTS (Continued from page 12) Napster foots Huzkit lour Bill plans to do that." She declined to action has led Metallica to drop the elaborate. Dr. Dre's lawsuit is school from its suit. BY RAY WADDELL ation that costs them something to Nevertheless, Howard King, at- Previously, Yale University was NASHVILLE -As the old song do these dates." torney for Dre, says the Napster nearly identical to dropped from the suit when it goes, "Nothing from nothing leaves Just how free tickets can be dis- controversy is about piracy, not blocked Napster access (Billboard, nothing," which is exactly what a lot tributed without mayhem is still be- record sales. "A lot of artists think the one recently April 29). of people will be working for on Limp ing determined. "We haven't really the Internet is cool, but you've got filed by Metallica Dre's lawsuit is nearly identical Bizkit's upcoming Back to Basics figured it out yet," admits Eaton. to go further up on the education to Metallica's, but no universities theater tour, offered free to the pub- "Our goal is to be safe, easy, efficient, curve to really understand what's are named as defendants. Filed on lic via a Napster sponsorship (see and fair. We're working with the pro- going on." April 25 in the U.S. District Court story, page 12). moters to see what they would sug- While Limp Bizkit was teaming Indiana University has no liability for the Central District of Cali- Napster is underwriting tour ex- gest and what would be the most with Napster, several develop- by allowing access to sites such as fornia, the suit alleges unlawful penses to the tune of $1.8 million, so it equitable way possible." ments in Metallica's Napster law- Napster," said school spokesman use of a digital audio interface appears no one involved will take a hit Each market could be different. suit were unfolding. Christopher Simpson in a state- device as well as copyright financially. But agents, promoters, and "Municipalities have certain ways Metallica, which is suing Nap- ment. "We now believe, however, infringement. others that make the Bizkit tour hap- they like things to be done," says ster for copyright infringement that our faculty, staff, and students "Napster seeks exemption as an pen-including the band -will under- Jerry Mickelson, co-president of Jam (Billboard, April 22), originally could incur legal exposure if they ISP [Internet service provider] take what amounts to sacrilege in the Productions in Chicago, promoter of also named Indiana University, the use this technology. Until those under the Digital Millennium concert business: to play for no pay. the Chicago date. "It's fine to give University of Southern California, unresolved legal issues are clari- Copyright Act," says King, "but Still, those involved seem to think tickets away, but local ordinances will and Yale University as defendants. fied, it seems prudent to block the there's not a lot of definition as to promoting good will among the fan determine how things take place." All three schools have subsequent- site." what an ISP is, and that's what the base is a good idea and worth the In New York, Metropolitan Enter- ly been dropped from the suit, The University of Southern Cal- case is about." effort. tainment Group (MEG) president leaving Napster as the primary ifornia hasn't blocked access to the More than 250 Dre tracks are Says Darryl Eaton, Bizkit's agent John Scher, who has been contacted defendant in the case. site completely, but it is restricting listed on the site's directory. The at Creative Artists Agency in Los but not confirmed to work the New Indiana University was dropped access to "designated university lawsuit seeks $100,000 per in- Angeles, "In the band's case, they York shows, has several holds in from the suit after it blocked personal computers and under fringement and preliminary and feel really lucky to have gotten where place at the 3,500- capacity Ham- access to Napster. "We believe university supervision." This permanent injunctions. they are so quickly, and this is their merstein Ballroom, where MEG is Prior to filing the lawsuit, King, way of giving something back to the the exclusive promoter. on behalf of Dre, sent a letter to fans." In Detroit, July holds are in place Napster CEO Eileen Richardson, Eaton routed the tour, which will at the 3,000 -capacity State Theatre, requesting that the tracks be play multiple dates at ballrooms in with dates likely to be promoted by removed. When Napster failed to most of its 10 cities, beginning July 4 SFX/Cellar Door. Joe Nieporte, GM comply by the April 21 deadline, in Chicago. Since no tickets will be of the State Theatre, has no concerns Dre took legal action. sold and there will be no box office about offering free Bizkit. 11OT 100 Napster representatives had no receipts, Eaton's efforts won't be "We did a Metallica free show here comment on Dre's suit. compensated monetarily. But he's in November of '98, and everything While Dre's action does not OK with that. was fine," says Nieporte, adding that SPOflIG11T name any universities, it lists "This band has been very good to a local radio station distributed the anonymous "Does 6 -10" as "Nap- me, and they will continue to be, so I tickets for the Metallica show Up to by Silvio Pietroluongo ster users and students of the uni- have no problem with this," says three holds are in place for Limp versities who have jumped at the Eaton, adding that promoters also Bizkit at the State Theatre, where FULL BASKET: The week leading up to Easter proved to be a boon to chance to obtain music without recognize the value. The tour will the band has sold out in the past. the singles market and apparently to all the kids who had their baskets paying for it." King says his client make use of regional promoters in "We're excited about it," says filled with music alongside the more traditional chocolate goodies. Over- is not looking for additional defen- each market that have worked with Nieporte. all singles sales were up 11% from last issue's total, bringing the bullet dants but wants to leave the door Limp Bizkit in the past. "The spon- As for Limp Bizkit, it's worth not- count on the Hot 100 Singles Sales chart to 33. This is the highest total open to add more if necessary. sor covers all costs, including build- ing that the band will surely find its since 37 titles were bulleted in the April 17, 1999, issue, which covered the Additional defendants could in- ing rental and staffing, so promoters financial reward on this tour through Easter tracking week a year ago. This sales spike results in a couple of clude end users. won't lose money or be put in a situ- ancillary revenue such as T- shirts. backward bullets in the crowded top 10, as Hanson's "This Time Around" (Moe/Island /IDJMG) flip -flops with Faith Hill's "Breathe" (Warner Bros.), at No. 3 and No. 4, respectively. Also, "Separated" by Avant (Magic Johnson /MCA) jumps 17 -8, pushing "Another Dumb Blonde" by Hoku HOWARD, LODUCA, FOLIART PICK UP (Geffen /Interscope) down one place to No. 9. Avant, the 22- year -old debut MULTIPLE ASCAP FILM/TV AWARDS artist on basketball legend Earvin "Magic" Johnson's record label, sees (Continued from page 8) "Separated" increase 87% in sales, scanning 34,500 units. The song is bub- other multi -award winners. Joseph Sept. 30. Top box- office film winners Mad "; Joseph LoDuca, "Hercules" and bling under the Hot 100 Airplay chart with 16.3 million listeners (up 3.8 LoDuca and Dan Foliart each won are determined by box -office receipts "Xena"; Rick Marotta, "Everybody Loves million) and makes the biggest move on The Billboard Hot 100, jumping 62- three awards. LoDuca was honored in from last year, and top TV series win- Raymond"; Dennis McCarthy, "Star Trek: 32. Avant's album, "My Thoughts," hits retail May 9. the top TV series category with "Her- ners by Nielsen ratings. Voyager "; Vonda Shepard, "Ally McBeal"; cules" and "Xena" and in the most - A complete list of winners follows. and Michael Skloff, "Friends" and "Jesse." HOLDIN' ON: Santana and the Product G &B remain at No. 1 on the performed underscore category. Foli- Henry Mancini Award: James Newton Most -performed themes: Peter Fish, Hot 100 with "Maria Maria" (Arista), although Toni Braxton is breath- art also received two top TV series Howard. Dan Foliart, Steven Kaplan, Michael ing down their necks, moving 3 -2 with "He Wasn't Man Enough" awards for "7th Heaven" and "Home Opus Award: Stanley Donen. Karp, Branford Marsalis, Howard Shore, (LaFace /Arista). "Man" is the Greatest Gainer /Sales winner for the sec- Improvement" and a most -performed Top box -office films: Elmer Bernstein, and Jonathan Wolff. ond consecutive week, scanning 128,500 units, a 26% increase from last theme honor. "Wild Wild West "; Carter Burwell, "The Most -performed underscores: Jack issue. The rest of the Hot 100's top 10 remains the same, except that last Among the dual award winners General's Daughter "; Phil Collins, Allocco, Frank Catanzaro, Shawn issue's No. 9, Vertical Horizon's "Everything You Want" (RCA), moves were Phil Collins, Michael Karp, "Tarzan "; John Debney, "Inspector Gad- Clement, David Kurtz, Joseph LoDuca, up one notch to switch places with Lonestar's "Amazed" (BNA).
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