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To: JakeStraw who wrote (23932)11/9/2000 11:11:15 PM
From: SIer formerly known as Joe B.  Respond to of 49843
 
EBay Not Liable for Bootleg Audio Sales
Court Rules Auction Cannot Be Punished for Actions of Others

apbnews.com

Nov. 9, 2000

SAN FRANCISCO (AP) -- A judge
ruled online auctioneer eBay Inc.
cannot be sued for allowing people
to sell bootlegged audio recordings
on its Web site.

In a ruling late Tuesday, Superior
Court Judge Stuart Pollak in San
Francisco County dismissed a
lawsuit brought by a Grateful Dead
fan who sought to stop sales of illegal
concert recordings of the band.

"The suit argued that no legitimate brick-and-mortar auction
house or no legitimate brick-and-mortar record store could
sell infringing sound recordings to the extent that these are
being sold on eBay and get away with it," said Charles
Perkins, the lawyer for plaintiff Randall Stoner.

Not a copyright action

The litigation did not focus on copyright infringement as has
the Napster Inc. case. In that suit, the recording industry is
suing Napster in federal court for allegedly contributing to
copyright infringement by allowing millions of users to
download copyrighted music over the Internet for free.

In dismissing the suit, Pollak said he
based his ruling on the
Communications Decency Act,
which forbids computer service
providers for being punished for the
speech of others.

"Plaintiff's attempt to impose
responsibility on eBay as the seller
of items auctioned over its service is
no different from the unsuccessful
attempts that have been made to hold computer service
providers liable as distributors rather than publishers of
defamatory or pornographic materials," Pollak wrote.

Regularly pulls postings

Courts have found that America Online Inc., for example,
was immune from a suit brought by a mother who
discovered pornographic pictures of her young boy offered
for sale online.

EBay attorney Jay Monahan said the ruling allows it "to
continue to operate our business and not fear facing
liability at every turn."

He said the San Jose-based company regularly pulls
postings from its site upon receiving complaints from
copyright or trademark holders of licensed music, software,
movies, clothing and other goods.

Perkins, Stoner's attorney, said he was considering an
appeal.

"We are trying to hold eBay responsible for its auctioning
conduct, not for the speech of somebody else," he said



To: JakeStraw who wrote (23932)11/10/2000 10:27:21 AM
From: SIer formerly known as Joe B.  Read Replies (1) | Respond to of 49843
 
All shades of bluegrass

Friday, November 10, 2000
bergen.com

MUSIC PREVIEW

BIG APPLE BLUEGRASS 2000: 5 p.m. to 1 a.m. Saturday. Westbeth Theatre, 151 Bank St., Manhattan. (212)
307-4100. Call for prices. Also: 3 to 11 p.m. Sunday. The Baggot Inn, 82 W. Third St., Manhattan.

By JIM McGUINNESS
Special to The Record

Getting bluegrass fans to agree on how their music should be presented can be as difficult as getting Republicans
and Democrats to reach an accord in Congress.

In one camp are those who consider themselves traditionalists. They prefer the music to be played on stringed,
acoustic instruments, and in a style that strictly adheres to its Appalachian roots.

On the other side are those who favor experimentation. Outside musical influences are OK, as is the occasional use
of electric instruments.

Tom Hanway sees merit in both points of view. A banjo player in the Manhattan-based combo Burnt Toast,
Hanway is in his third year as coordinator of the Big Apple Bluegrass Festival, which takes place Saturday and
Sunday at the Westbeth Theatre and The Baggot Inn, respectively.

Although he respects the music's roots and tradition, Hanway also believes there's room to widen its parameters.

"People have come to believe that certain styles of music are very different and can't get along," Hanway said. "I
think that's bad thinking. The festival will still have a bluegrass orientation, but it's not going to be limited to
bluegrass. I look at bluegrass as a metaphor for a combination of different musical styles."

To emphasize his point, Hanway has expanded this year's festival lineup to include a wider array of bands and
musical styles. Among the bigger names on the bill are Peter Rowan, whose career has included stints playing with
Bill Monroe and Jerry Garcia, and Valerie Smith, a 1999 International Bluegrass Music Association nominee for
best emerging artist.

"Peter represents exactly what we're trying to do with the festival," Hanway said. "He comes from a bluegrass
background, yet there's another side to what he does musically. The same is true with Valerie. She has her bluegrass
audience, but she also sings country music."

Among the more bluegrass-oriented acts scheduled are Brooklyn's Orrin Star & the Sultans of String, gospel
quintet Stained Glass Window, and banjo innovator Bill Keith. Other acts include Celtic fiddler Kenny Kosek,
alternative-country outfit Train Wreck (which features radio personality Meg Griffin), and Greg Garing, who will
perform a set of bluegrass and rockabilly.

For further variety, Hanway has booked Zen Tricksters and the Electrix from the Grateful Dead-inspired jam band
circuit, as well as steel-guitar wizard Buddy Cage from New Riders of the Purple Sage.

"With the Dead not being around and Phish having broken up, fans of these bands need something new," Hanway
reasoned. "Jerry Garcia was a great banjo player and a true friend to bluegrass. So I saw a bluegrass connection for
these bands."

* * *

Hanway founded the festival with his wife, Kathleen, in 1998.

Besides live music, there will also be instructional sessions on Sunday in banjo, mandolin, fiddle, harmonica, and
guitar. The workshops are $20. For more information or to preregister, call (718) 884-7521.

The live music schedule:

Saturday (Westbeth Theatre) -- Train Wreck featuring Meg Griffin (5 p.m.); Burnt Toast with Kenny Kosek
(5:55 p.m.); Peter Rowan (6:50 p.m.); Valerie Smith & Liberty Pike (7:45 p.m.); Burnt Toast (8:40 p.m.); Peter
Rowan and friends (9:35 p.m.); The Electric with Buddy Cage (10:30 p.m.); Zen Tricksters (11:30).

Sunday (Baggot Inn) -- Jennifer Markard (3 p.m.); Keith, Kosek, McCabe & Collins (3:45 p.m.); Stained Glass
Window (4:30 p.m.); Daughters of Bluegrass (5:15 p.m.); Tony DeMarco & Eamon O'Leary (6:05 p.m.); The
Wheel Hoss featuring Jen Larson (6:55 p.m.); Valerie Smith & Liberty Pike (7:45 p.m.); Orrin Star & the Sultans
of String (8:45 p.m.); Greg Garing & friends (9:45 p.m.); Rusty String Band, Michael Falzarano, and Buddy Cage
(10:45 p.m.).



To: JakeStraw who wrote (23932)11/10/2000 10:36:54 AM
From: SIer formerly known as Joe B.  Read Replies (1) | Respond to of 49843
 
The masters of mix and match

Flecktones still blending disparate musical styles
dailynews.philly.com

by Jonathan Takiff, Daily News Staff Writer
Daily News Staff Writer

BELA FLECK AND THE FLECKTONES, tonight (sold out) and 8 p.m. tomorrow at the Keswick Theater, Easton Road and Keswick
Avenue, Glenside. Tickets are $28.50. Info: 215-572-7650.

There was a time, not so very long ago, when Bela Fleck felt rejection from all sides. "The jazz people ostracized us," he recounts.
"In the bluegrass community, no one would consider us their own."

Problem was, the banjo-playing Bela and his buds in the Flecktones had this crazy notion of breaking down the stylistic walls -
marrying the seemingly disparate worlds of back porch picking and exploratory jazz, while throwing in some healthy chunks of funk
and song structures so intricate and lyrical they could pass for serious modern "classical" music.

Certainly, others had worked parts of this neighborhood before. Guys like David Grisman and Tony Rice have made a mark with
"jazzgrass" (with a stronger emphasis on the latter syllable). And back in the '70s and early '80s, bands like the Mahavishnu
Orchestra, Weather Report and Return to Forever made some super dynamic and adventurous jazz/rock/classical connections.

"But nobody had gone there in a long time when we started making music," says Bela Fleck, who made his self-produced debut
album with the Flecktones in 1989. And clearly, nobody's put it all together with the deft touch, daring and spacey humor of his
group - who headline tonight (sold out) and tomorrow at the Keswick Theater.

For a clue to their underlying attitude - check out the group's latest album, "Outbound," which branches out even further with talents
ranging from Yes vocalist Jon Anderson and folky Shawn Colvin to the Tuvan throat singer Ondar and tabla master Sandip Burman.
Or call up their official Web site - www.flecktones.com. The group's mascot is a hippo flying through space, for heaven's sake!

Nowadays, more and more people are getting with the plan, realizing that an artist who can smartly mix disparate genres is not
doing a disservice to any of them, but bringing new listeners to the table.

In recent years, the Flecktones have garnered the Playboy Readers' Poll for best jazz group, and Fleck has been honored by both
Jazziz and JazzTimes with a "best miscellaneous instrument" prize.

More telling, Bela Fleck is the only musician in history to be recognized with Grammy nominations in pop, jazz, bluegrass, spoken
word and country categories.

Come 2001, he may have to add classical to that clump as well. "I'm working on an album for Sony Classics, mostly duets of Bach,
Beethoven, Scarlatti and Chopin," Fleck shared in a recent chat from Nashville, his home base. "It'll be the first time the banjo has
ever been the featured instrument on a major classical label," added the artist, whose name honors the noted composer of modern
classical music Bela Bartok.

Fleck is also getting his feet wet in the classical music of India with master percussionist Sandip Burman, his special guest at
tonight's Keswick show - coaxing sitarlike tunings and fleet-fingered runs out of his banjo.

"I'm a beginner," he says humbly. "We're doing one full-out raga in the show, and I'm trying as best I can to follow the rules. A raga
is improvised within a very structured framework, not all that different from bebop. You have to stay within the notes you're allowed
to play. It's very hard for musicians who're used to doing anything they want."

These days, it just ain't the music elite that are warming to his work. The past two summers, Fleck and company successfully faced
stadium-sized crowds as either the special guest or warm-up act for his good buddies the Dave Matthews Band - another crossover
phenomenon with serious musical chops.

"They're one of the real things out there," Fleck says with a hint of awe. "There's a lot of junk and prefab on the pop scene, but
they're playing really well, writing creative music. It's very rare when you can have other bands as friends, but they're very giving to
us. Dave's appeared on my albums and I've been on his. Carter, their drummer, has appeared on [Flecktones bassist] Victor's
[Wooten] solo album. There's a healthy interaction."

Devotees of jam bands - spoon-fed as babies on the easy alliances of rock, country, blues and jazz dished by the Grateful Dead -
have likewise embraced the Flecktones as their own. That's why the group now winds up playing on groove-a-delic festival bills
alongside the likes of String Cheese Incident, moe., Galactic and Medeski, Martin and Wood. At one such show this summer, our
banjo ace even got to trading licks with turntable scratcher DJ Logic on a wild version of Aaron Copland's "Hoedown" that one critic
called "an open-minded vision for music in the new millennium."

"I'm happy there's a movement in music that people would consider us a part of, but we're not really a jam band," Fleck allows with
a laugh. "We have so much structure in our music. We don't just play a chord and take it out. And culturally, we're not the same as
jam bands, not a bunch of college-age kids coming out of rock.

"We're lifer, virtuoso wannabes. We're coming from the realms of classical, jazz and bluegrass music that stress a high virtuosity.
Not that there isn't that in other music, but it's coming from a more formal place with us, rather than being a bunch of guys who
played together and turned their pastime into a career."

====================
cgi.ebay.com



To: JakeStraw who wrote (23932)11/10/2000 10:48:55 AM
From: SIer formerly known as Joe B.  Read Replies (3) | Respond to of 49843
 
Tuesday November 07 09:15 PM EST
Bruce's "Nebraska" Springs
Eternal
dailynews.yahoo.com

When Bruce Springsteen first released Nebraska in
1982, many considered it to be career suicide. Just two
years earlier, he had released The River, a sprawling
double opus that left him poised on the brink of
becoming rock's biggest superstar. But Springsteen felt the stark, intimate nature
of songs like "My Father's House," "Atlantic City" and "Johnny 99" were best
expressed minimally, and he successfully insisted Columbia Records release
Nebraska in its original four-track, demo state.

The record was a critical smash, and thanks to Springsteen's diehard fans, it
debuted in the Top 10, but it failed to match the mainstream success of The
River or the blockbuster Born in the USA two years later. Falling between those
two mammoth statements, Nebraska has often been viewed as an odd detour in
Springsteen's career, occasionally even ignored. "I've seen books and biographies
of Springsteen on TV and none of them even mention Nebraska," marvels fan
Damien Juardo, a Seattle-based singer-songwriter. But for Springsteen fanatics,
Nebraska is often counted amongst the Boss's finest hours. Massachusetts-based
producer Jim Sampas, who produced the Jack Kerouac tribute disc, Kerouac
Kicks Joy Darkness, is one of those people.

Sampas is the mastermind behind the just-released all-star tribute album
Badlands: A Tribute to Bruce Springsteen's "Nebraska" (Sub Pop). "I felt it
might be interesting, perhaps even a little bit more interesting, to have various
artists recording songs of one body of work that was written and recorded at one
time," Sampas says. The idea, hatched in spring of 1999, was to have the
participating artists each record their songs in the no-frills manner that
Springsteen did the originals.

The roster of talent on Badlands is an impressively eclectic one. Ben Harper,
Ani DiFranco, Chrissie Hynde and Adam Seymour, Los Lobos, Dar Williams,
Aimee Mann with Michael Penn, Johnny Cash and the aforementioned Juardo
are just a few of the artists paying tribute to Springsteen.

Mavericks frontman Raul Malo, who contributes a version of "Downbound
Train" to the set, admits that he's usually not much for tribute albums but was
nonetheless lured in by the focused approach of Badlands. "This album seemed
like it was going to be a really cool thing because it's not a tribute to Springsteen
per se," he says. "It's a tribute to a specific piece of work." ("Downbound Train,"
like "I'm on Fire" -- covered here by Cash -- both appeared on Born on the USA,
but they were included on Badlands because Springsteen wrote them during the
Nebraska sessions.)

Harper, who tackles the moving "My Father's House," says his fondness for
Nebraska dates back to his childhood. "I heard Nebraska when I was ten, eight
maybe. My mom had it in the house and just played it constantly," he says. "I
appreciated it then because among my family's records, which ranged from
Stevie Wonder to Little Feat, I would play Nebraska on my own. So he was in
my childhood A-list."

Not all of the artists featured on Badlands were diehard Bruce fans, however.
Take Los Lobos, for example. "We just got a call and we thought it was a pretty
cool idea," says guitarist Louie Perez. "It sounded like a pretty eclectic bunch of
people. So we said OK." Perez notes that it was the process of recording "Johnny
99" in the four-track manner that Springsteen did that Los Lobos became
genuine fans. "At that point, when we recorded, it got us to really appreciate and
respect what he's all about. Not that we had any disrespect for him before. But to
really just get in his head was kind of cool."

The talent involved in Badlands is a testament to Springsteen's influence, and
particularly the admiration his peers have for Nebraska, which Jurado says is the
Springsteen album underground and indie artists identify with most. It was only a
few years ago though that the thought of any indie musicians praising
Springsteen seemed about as likely as professional wrestling finding a permanent
home on MTV. There was, as expected, an inevitable backlash against
Springsteen, who has always worn the mantle of rock & roll artist proudly.

That seems to have ebbed with time, and as Sampas found, it is once again cool
to admit to liking Springsteen. "There wasn't anybody who was hesitant to do
this project," Sampas says. "I got great response from artists and managers alike
immediately." He then adds that if they could've waited a few more months to do
the album, Beck, Tracy Chapman and Counting Crows would've also been part
of the Badlands CD.

"I think that [Springsteen] started writing in a very different style with this
album, a sort of new style for him, which was a bit more personal and detail
oriented," Sampas says when asked about the secret of Nebraska's enduring
appeal. "Every single song on that album is just as good as the other and they're
all quite extraordinary."

Or, as Harper puts it, "He's telling a haunting story in a rare way that only a few
people in a generation can do and get away with."

STEVE BALTIN
(November 8, 2000)